35. The court record is to be made ready for the hearing in the following manner:
(a) on being ordered to do so by a judge, the clerk of the court of first instance shall require a complete or partial transcript of the evidence to be prepared together with the judgment appealed from;
(b) as soon as the transcript is delivered, the clerk of the court of first instance shall inform the clerk in writing, and the appellant and the respondent or their counsel by priority post or by facsimile;
(c) on receipt of that notice, the appellant shall, without delay, pay the cost, if any, of the transcript, and the clerk of the court of first instance shall, without delay, forward the original of the transcript to the clerk with a copy to the parties or to their counsel.
Powers of the Court
36. The Court may
(a) dismiss the appeal if the appellant is not ready to proceed when the case is called;
(b) allow the appellant to proceed ex parte against a respondent who is not ready to proceed when the case is called;
(c) on motion or on its own motion, dismiss the appeal of an appellant who has not conformed with the requirements prescribed by law or by these rules.
37. Any appellant wishing to discontinue an appeal must file in the court record a written discontinuance signed by the appellant or by their counsel. The discontinuance must be submitted to the judge.
D. Contempt of Court
38. Proceedings for contempt of court not committed in the face of the court must be instituted by way of a detailed motion served on the respondent summoning the respondent to appear before the court on the day and at the time set out in the notice. Subsequently, the respondent may be ordered to appear before the court by oral order.
E. Pre-hearing Conference
Pre-hearing Conference Pursuant to Subsection 625.1(2) of the Code
(These conferences are mandatory in all matters to be tried by judge and jury)
39. A judge shall preside over the pre-hearing conference and the conference may be held at any time considered opportune following the accused’s committal to trial.
40. Proceedings at the pre-hearing conference are subject to a publication ban.
41. The pre-hearing conference is held in the presence of counsel for the parties, and, if unrepresented, the accused. The judge may in any event require the accused to be present.
42. The indictment shall be signed and filed before the pre-hearing conference.
43. Unless the pre-hearing conference takes place in chambers, the proceedings shall be recorded in conformity with the provisions of section 646 of the Code. The minutes of the conference shall consist of the items set out in the schedule to these rules.
44. The questions, issues and information to be addressed at the conference shall include the following:
(a) is the accused’s fitness to stand trial in issue ?
(b) a summary statement of the facts of the case and the respective positions of the parties (The defence may elect not to disclose its position.);
(c) is disclosure of evidence complete? If not, a timetable for its completion must be established;
(d) does the prosecutor intend to raise any preliminary matters. If so, what are they?
(e) does the defence intend to raise any preliminary matters such as
(i) a motion to quash the indictment or a particular count(s) of the indictment,
(ii) a motion for particulars,
(iii) a motion for separate trials,
(iv) a motion to sever counts,
(v) a motion for a change of venue,
(vi) other motions;
(f) the estimated time required to dispose of the motions in respect of the matters mentioned in paragraphs (a), (c), (d) and (e);
(g) other questions of law concerning the admissibility of evidence that may be raised at trial (The parties are required to specify the nature of such questions, the number of witnesses and the estimated time required to resolve them.);
(h) whether any of these issues can be resolved before the accused is placed in the charge of the jury;
(i) is the continuity of possession of the exhibits admitted?
(j) a list of the facts that the parties are prepared to admit;
(k) a list of witnesses whom the prosecutor intends to call;
(l) on each motion or point of law that the parties propose to raise, whether written submissions supported by case law are to be submitted and within what time period;
(m) the date of the summoning of the july panel;
(n) the estimated length of trial and the trial’s date of commencement;
(o) other questions, issues or information.
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