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  1. Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick - SI/2015-81 (Appendix of Forms)
    Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick

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    IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES UPON THE FOLLOWING:

    • 1 (set out documents such as affidavits, transcripts, etc., upon which the Applicant relies)

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    I, (full name of deponent) , of the City (or Town or as may be) of , in the County (or District or Regional Municipality) of , (deponent’s capacity) , MAKE OATH AND SAY (or AFFIRM):

    • 1 (set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact)

    Sworn (or Affirmed) before me at the City (or Town or as may be) of in the County (or District or Regional Municipality) of on 20.

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    Commissioner for Taking Oaths

    (or as may be)

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    I, (full name) , of the of in the Province of New Brunswick, (occupation) , MAKE OATH AND SAY AS FOLLOWS:

    • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by leaving a copy with the respondent (or as may be) at (address where service was made)

    or, where service was made on an individual by leaving a copy with an adult person:

    • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by leaving a copy in a sealed envelope addressed to the respondent (or as may be) with , who appeared to be an adult and an occupant of the dwelling in which the respondent (or as may be) resides, at (address where service was made) , and by mailing a copy by prepaid mail on the same (or next) day addressed to the respondent (or as may be) at the same address.

    • 2 Prior to such service I made an unsuccessful attempt to personally serve the respondent (or as may be) at the respondent’s (or as may be) place of residence on the day of , 20, (or where more than one attempt has been made: and again on the day of , 20).

    or, where service was made by prepaid mail or prepaid courier upon counsel for the party:

    • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by sending by prepaid mail (or prepaid courier as may be) a copy addressed to , counsel for the respondent (or as may be), at (full mailing address)

    or, where service was made by prepaid mail or prepaid courier upon a party:

    • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by sending a copy of the document together with an Acknowledgement of Receipt Card by prepaid mail (or prepaid courier as may be) addressed to the respondent (or as may be) at (full mailing address) , the respondent’s (or as may be) last known address.

    • 2 On the day of , 20, the attached Acknowledgement of Receipt Card marked “B” bearing a signature which appears to be the signature of the respondent (or as may be) was returned to and received by me.

    or

    • 2 On the day of , 20, the attached post office receipt (or acknowledgement of receipt in writing) marked “B” bearing a signature which appears to be the signature (or a copy of the signature) of the respondent (or as may be) was returned to and received by me.

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    or, where service was made on a corporation:

    • 1 No office or place of business of the respondent (or as may be) is located at any address given in the last statement of the respondent (or as may be) delivered to the Minister of Justice and no office or place of business of the respondent (or as may be) can be found in New Brunswick.

    • 2 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by sending a copy by prepaid mail (or prepaid courier as may be) to the respondent at (full mailing address) , being the address given for the respondent on the last statement of the respondent (or as may be) delivered to the Minister of Justice, and also by sending a copy by prepaid mail (or prepaid courier as may be) to , who is shown as an officer of the respondent on the last statement of the respondent (or as may be) delivered to the Minister of Justice, at (full mailing address) , which is the address given for the respondent (or as may be) on such a statement.

    or, where service was made by telephone transmission producing a facsimile of the document in the office of counsel:

    • 1 On the day of , 20, I served the respondent (or as may be) with the attached document marked “A” by sending a facsimile of the document accompanied by a copy of the cover page marked “B” by telephone transmission to , counsel for the respondent (or as may be).

    Sworn (or Affirmed) before me at the City (or Town or as may be) of in the County (or District or Regional Municipality) of , on , 20

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    Commissioner for Taking Oaths

    (or as may be)

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    I, (full name) , Sheriff (or Deputy Sheriff as may be) for the County of, certify that on the day of , 20, at a.m. (or p.m.):

    • (1) I served the respondent (or as the case may be) , by leaving a copy of this document with

    • (2) I was able to identify the respondent (or as may be) by means of the fact that

    or

    • (2) I was able to identify the person with whom a copy of the document was left to effect service on the respondent (or as may be) by means of the fact that

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  2. Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick - SI/2015-81 (Section 8.02)
    Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick

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    • 8.02(4) The Application shall be by Notice of Application in Form 1 and shall be accompanied by an affidavit of the applicant or on behalf of the applicant deposing:

      • (a) as to the name and address of the proposed witness;

      • (b) as to the materiality of the evidence likely to be given by the proposed witness; and

      • (c) as to the necessity of procuring the personal attendance of the witness rather than obtaining that proposed witness’s evidence by other means, including by video-conference or by agreed statement.


  3. Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick - SI/2015-81 (Section 6.03)
    Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick

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    • 6.03(2) In addition to the topics identified in Form 6 (Pre-trial Conference Submission), a judge conducting a pre-trial conference may inquire as to:

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      • (c) the simplification of such issues as remain to be contested at the proceedings;

      • (d) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceedings;


  4. Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick - SI/2015-81 (Section 8.01)
    Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick

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    • 8.01(4) The Application shall be ex parte and made as soon as reasonably practicable and sufficiently before attendance is required to ensure that no adjournment of the proceeding will be required for attendance and to provide adequate notice to the authorities holding and transporting the person who is confined and, in any event, except with leave of the Court, an Application shall be made not less than four days before the day attendance is required.


  5. Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick - SI/2015-81 (Section 5.01)
    Criminal Procedure Rules of the Court of Queen’s Bench of New Brunswick

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    • 5.01(3) If it appears that the interest of a third party may be affected by a possible outcome, the applicant shall notify the third party of the Application as though they were a party to the Application.

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    • 5.01(5) Any person interested in a proceeding between other parties may, by leave of the Court, intervene therein upon such terms and conditions and with such rights and privileges as the Court may determine.


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