Marginal note:Evidence by Examination of Witnesses
6.12 Subject to any statute or rule of law, a witness may be examined or cross-examined on the hearing of an application with leave of the presiding judge, and nothing in these rules shall be construed to affect the authority of a judge hearing an application to receive evidence through the examination of witnesses.
Marginal note:Use of Agreed Statement of Facts
6.13 A judge, before or on the hearing of the application, may dispense with the filing of any transcript or affidavit required in these rules and act on a statement of facts agreed on by the prosecutor and the accused person or his or her counsel of record.
Abandonment of Applications
6.14 (1) If an applicant desires to abandon the application, the applicant shall serve, in any manner provided by Rule 5, a Notice of Abandonment in Form 6, signed by counsel of record in the application, or by the applicant, in which case the signature shall be witnessed by counsel or an officer of the institution in which the applicant is confined, or a person authorized to administer oaths.
Dismissal as Abandoned
(2) A judge in chambers may thereon dismiss the application as an abandoned application, without the attendance of counsel of record or the applicant.
Marginal note:Dismissal for Failure to Appear
(3) An applicant who fails to appear at the hearing of an application shall be deemed to have wholly abandoned the application, unless the court orders otherwise in accordance with rule 2.02.
Rule 7 — Directions
Marginal note:Power to Issue Directions
7.01 The Chief Judge may from time to time issue directions not inconsistent with these rules, in relation to the supervision and direction of the sittings and the assignment of judicial duties.
Rule 8 — Release of Exhibits for Scientific Testing
8.01 This rule applies to applications made under subsection 605(1) of the Code on behalf of the accused or the prosecutor for the release of an exhibit for the purpose of a scientific or other test or examination.
Marginal note:To Whom Application Made
8.02 Applications under rule 8.01 shall be made to a judge sitting at the court centre in which the proceeding is being held or is to be held.
Service of Notice
Marginal note:General Rule
8.03 (1) Service of a Notice of Application under this rule and the supporting materials required by rule 8.04 shall be made on the prosecutor or accused, as the case may be, in accordance with Rule 5, not later than three days before the date fixed for the hearing of the application.
Marginal note:Filing with Proof of Service
(2) The Notice of Application and supporting materials, together with proof of service thereof, shall be filed in the court office for the place where the application is to be heard, not later than one day before the date fixed for the hearing of the application.
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