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  1. Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition - SI/2000-33 (SCHEDULE)
    Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition

    [...]

    [...]

    To: A.B. Provincial Court Judge at

    (or as the case may be).

    You are hereby required immediately after service of this application to return to the Registry of the Supreme Court at (as the case may be) the conviction (or as the case may be) referred to in the application together with the information, evidence and exhibits filed, if any, and all things touching the matter as fully and entirely as they remain in your custody, together with this notice.

    [...]

    [...]

    Pursuant to the accompanying notice, I return to this Honourable Court the following papers and documents:

    • (1) the conviction (or as the case may be);

    [...]

    [...]

    [...]

    TO: The Superintendent (or as the case may be)

    [...]

    IT IS FURTHER ORDERED THAT you deliver immediately to the Registry at the Court House at the said place true copies of all orders, warrants, committals or other documents pursuant to which the said A.B. is confined or restrained of his or her liberty and which are in your possession or control, together with your certificate that the documents listed in such certificate are of the documents pursuant to which the said A.B. is confined or restrained as aforesaid.

    [...]


  2. Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition - SI/2000-33 (Section 10)
    Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition

    • 10 (1) Subject to subrule (3), on receiving a notice that is endorsed in accordance with subrule 9(1), the appropriate Provincial Court Judge, justice or justices of the peace, officer or clerk, as the case may be, shall immediately return the record, which consists of the conviction, acquittal, order or warrant, together with all things relating to the matter, including the information, any evidence and exhibits filed and the notice served on him or her, to the office mentioned in the notice, with a certificate endorsed on the notice in the manner set out in Form B of the schedule.

    • (2) The certificate referred to in subrule (1) has the same effect as a return to a writ of certiorari.

    • [...]

    • (4) If the record has not been received by the officer to whom or the office to which they are required to be transmitted, the officer or clerk of the office shall return to the appropriate Provincial Court Judge, justice or justices of the peace, officer or clerk, as the case may be, of the Provincial Court, a certificate to that effect.

    • [...]

    • (6) A copy of this Rule shall appear on or be annexed to the application served on the appropriate Judge, justice or justices of the peace, clerk or officer, as the case may be, of the Provincial Court from whom the return is required.


  3. Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition - SI/2000-33 (Section 17)
    Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition

    17 After hearing the application for an order of habeas corpus and after the issuance and return of it, the judge may

    • (a) proceed as soon as possible as the interests of justice permit to dispose of the matter, whether in the presence of the applicant, or with the consent of the parties, in the applicant’s absence; and


  4. Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition - SI/2000-33 (Section 15)
    Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition

    • [...]

    • (2) A judge may issue the order in Form C of the schedule, or with such variations, not being matters of substance, as the nature of the case and the interests of justice may require.


  5. Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition - SI/2000-33 (Section 12)
    Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition

    12 No order in the nature of mandamus shall be granted unless at the time of the application for it an affidavit is produced by which a person deposes upon oath that the application is made by or on behalf of the person, whose name shall appear as the applicant’s.


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