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  1. Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador - SI/2018-43 (Section 1.02)
    Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador

     In these Rules,

    • (a)  application  means a proceeding commenced by notice of application whether described in the enabling legislation or another authority as an application or a motion;

    • [...]

    • (c)  Attorney General  means the Attorney General of Canada or the Attorney General of Newfoundland and Labrador, as the case may be, and includes counsel acting for the Attorney General;

    • [...]

    • (l)  judicial centre  means, except as may be otherwise provided by order of the Lieutenant-Governor in Council, each of the following locations:

      [...]

    • [...]

    • (o)  party  means

      [...]

      as the circumstances may require;

    • [...]

    • (s)  Registrar  means the person designated as Registrar of the Supreme Court by the Chief Executive Officer of the Supreme Court of Newfoundland and Labrador in consultation with the Chief Justice;


  2. Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador - SI/2018-43 (Section 14.05)
    Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador
    Marginal note:Materials for Use on Application
    •  (1) The Notice of Application shall be accompanied by:

      • [...]

      • (c) where the applicant is the accused and it is practicable to do so, the affidavit of any person who proposes to serve as a surety for the accused, disclosing his or her willingness to serve as a surety and the amount for which he or she is prepared to be held liable;

      • (d) where the applicant seeks to review a previous order, a transcript of:

        • (i) the proceedings of the judicial interim release hearing under section 515 or 522 of the Code, as the case may be; and

        [...]

    • [...]

    • (4) Where the applicant is the prosecutor or where, as respondent, the prosecutor intends to:

      [...]


  3. Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador - SI/2018-43 (Section 9.05)
    Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador
    Marginal note:Procedure at Pre-Trial Conferences
    •  (1) A judge who presides at a pre-trial conference may, at his or her discretion, grant leave to a party to file an application and direct that an anticipated application be heard prior to the date fixed for trial, at such time and date as the judge deems fit or at such other time and date as may be convenient.

    • (2) The judge who presides at a pre-trial conference may make such other orders as the judge considers necessary and appropriate in order to promote a fair, just and expeditious pre-trial conference and trial having regard to all the circumstances.


  4. Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador - SI/2018-43 (Section 6.01)
    Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador
    Marginal note:Arraignment Court Generally
    •  (1) There shall be a sitting of the court in every judicial centre which shall be designated as arraignment court.

    • [...]

    • (5) Unless a completed Designation of Counsel form under rule 5.01 has been filed, the accused shall, except as may be otherwise permitted by the Code or ordered by a judge, appear in person in arraignment court.


  5. Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador - SI/2018-43 (Section 1.08)
    Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador
    Marginal note:Failure to Comply with the Rules
    •  (1) A failure to comply with these Rules or a practice directive is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and a judge may

      • (a) grant all necessary amendments or other relief on such terms as will secure the just determination of the real matters in dispute; or

      • (b) only where and as necessary in the interests of justice, set aside a proceeding or a step, document or order in a proceeding in whole or in part.

    • (2) A judge may, only where and as necessary in the interests of justice, dispense with compliance with any rule or practice directive at any time.



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