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  1. Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings - SI/2004-134 (SCHEDULE)
    Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings

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    THE GROUNDS FOR THIS APPLICATION ARE:

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    • 3 Such further and other grounds as counsel may advise and this Honourable Court may permit.

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

    • 1 (Set out documents such as transcripts, etc., on which the applicant relies.)

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    Dated at ........, ........, this .... day of ..........., (year).

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    (Set out name and address, as well as telephone and fax numbers with area code.)

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    • 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.)

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    THE GROUNDS FOR THIS APPLICATION ARE:

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    • 3 Such further and other grounds as counsel may advise and this Honourable Court may permit.

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

    • 1 (Briefly describe the documents such as affidavits, transcripts, etc., on which the applicant relies.)

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    Service by Leaving a Copy with an Adult Person in the Same Household as an Alternative to Personal Service

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    Service by Mail as an Alternative to Personal Service

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    Dated at ..., ... this ... day of ..., ..., (year).

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    (Set out name and address, as well as

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    TERMS AND CONDITIONS:

    • (a) that the exhibit(s) shall be released forthwith to ..., who shall take such reasonable steps as he or she is advised by the proposed examiners to maintain the integrity of the exhibit(s) for scientific testing;

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    • (f) that, on the completion of such testing, the exhibit(s) shall be returned to the custody of ..., who shall take all reasonable steps as he or she is advised by the examiners to maintain the integrity of the exhibit(s) for further scientific or other examination, if ordered, and for their presentation at the preliminary inquiry or trial;

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    to attend to give evidence in a proceeding to which the Criminal Code applies, namely, a proceeding against or concerning (specify name of accused or party to proceeding, or nature of proceeding)

    from day to day as may be necessary.

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    IT IS HEREBY DIRECTED that the said prisoner be kept in custody in the manner in which accused persons who are remanded from time to time are kept in custody, so long as his/her attendance is required, and that (specify appropriate condition) (if he/she is committed for trial, he/she be kept in custom in the common jail so long as required by due course of law, and that, if he/she is discharged on the preliminary inquiry, if he/she is acquitted of the said charge(s) against him/her,) he/she be returned to the said prison, if required, by the said (specify name of person who is to bring prisoner to court) or by such person who may be named by a judge of the Provincial Court of Newfoundland and Labrador for such purpose.

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    • 2 IT IS FURTHER ORDERED that the same (specify name of officer to receive the prisoner or a person in the custom of a peace officer), in company with such other peace officers as he (or she) deems necessary, shall keep the said (specify name of prisoner or person in the customer of a peace officer) in custody until the ... day of ..., (month, year), at which time he (or she) is to be redelivered to the said (specify name of prison or location in which the prisoner or person in the custody of a peace officer was kept prior to the order) by the said (specify name of officer who received the prisoner or person in the custody of a peace officer), in company with such other officers as he (or she) deems necessary.

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    • 2 IT IS FURTHER ORDERED that the clerk prepare and issue a commission naming (name), of (address), as commissioner to take the evidence of the witness(es) (name of witness(es)) in (name of province, state or country) for use at the preliminary inquiry or trial.

    • 3 IT IS FURTHER ORDERED that the clerk prepare and issue a letter of request in Form 11 of the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings, addressed to the judicial authorities of (name of province, state or country), requesting the issuing of such process as is necessary to compel the witness (or witnesses) to attend and be examined before the commissioner.

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    Dated at ..., ..., this ... day of ..., (year).

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    (name and address, as well as telephone

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  2. Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings - SI/2004-134 (Section 4.06)
    Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
    Marginal note:Format

    • 4.06 (1) An affidavit used in a proceeding shall

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      • (d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and

    • Marginal note:Contents

      (2) An affidavit shall be confined to a statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except that an affidavit may contain statements of the deponent’s belief with respect to facts that are not contentious, so long as the source or sources of the information and the fact of belief are specified in the affidavit, or unless these rules provide otherwise.

    • Marginal note:Exhibits

      (3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and if the exhibit is

      • (a) referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;

      • (b) referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the clerk for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, and after the appeal period has expired, the exhibit shall be returned to counsel or the party who filed the affidavit, unless the court orders otherwise in accordance with rule 2.02; and


  3. Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings - SI/2004-134 (Section 10.04)
    Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
    Marginal note:Materials to Be Filed

    • 10.04 (1) The Notice of Application under this rule shall also be accompanied

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      • (d) by a draft order in Form 9(a) or 9(b), as the case may be; and

    • (2) The affidavit of or on behalf of the applicant required by clause (1)(a) for an application under subsection 527(1) of the Code shall contain

      • (a) particulars of the charge in respect of which the application is made, including a statement of the date on which the proceedings in which the prisoner’s attendance is required are scheduled to commence or resume, as the case may be;

      • (b) particulars of the date on or period within which, as well as the locations at which, the attendance of the prisoner will or may be required;

    • (3) The affidavit of or on behalf of the applicant required by clause (1)(b) for an application under subsection 527(7) of the Code shall contain

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      • (g) as an exhibit, the written consent of the prisoner or of the person in the custody of a peace officer to the proposed transfer;


  4. Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings - SI/2004-134 (Section 6.05)
    Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
    Marginal note:Application Record and Factum

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    • Marginal note:Record and Factum

      (4) If and as necessary in the interests of justice, a judge, before or at the hearing of the application, may order compliance with this rule in whole or in part.

    • Marginal note:Documents May Be Filed as Part of Record

      (5) Any documents served by a party for use on an application may be filed, with proof of service, as part of the party’s application record, and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material.

    • Marginal note:Transcript of Evidence

      (6) A party who intends to refer to a transcript of evidence at the hearing of an application shall file a copy of the transcript as provided by rule 4.08.


  5. Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings - SI/2004-134 (Section 11.15)
    Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings
    Marginal note:Preparation of Transcript

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    • Marginal note:Certification

      (2) The transcript shall be certified as correct by the person who recorded the evidence taken, but need not be read to or signed by the witness.

    • Marginal note:Delivery to Other Parties and Court

      (3) As soon as the transcript is prepared, the person who recorded the evidence taken on commission shall send one copy to each party who has ordered and paid for a transcript and, if a party so requests, shall provide an additional copy for the use of the court.


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