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

11.13 A commissioner who is not the preliminary inquiry or trial judge may make rulings with respect to the conduct of an examination, other than a ruling on the propriety of a question, but the ruling of a commissioner who is not the preliminary inquiry or trial judge is subject to review by the preliminary inquiry or trial judge.

11.14 All evidence taken by a commissioner shall be recorded in its entirety in question-and-answer form in a manner that permits the preparation of a typewritten transcript of the examination, unless the court orders otherwise in accordance with rule 2.02 or the parties agree otherwise.

Marginal note:Preparation of Transcript

• 11.15 (1) If a party so requests, the person who recorded evidence taken on commission shall have a typewritten transcript of the evidence prepared and completed within four weeks after receipt of the request unless otherwise ordered by the court.

• 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.

11.16 The judge presiding at the preliminary inquiry or trial at which the evidence taken on commission is tendered for admission shall determine the extent to which and manner in which, if at all, the evidence shall be received in the proceedings.

Marginal note:General Rule

• 11.17 (1) On consent of the parties or by order of the court, evidence taken on commission may be recorded by videotape or other similar means, and the tape or other recording may be filed for the use of the court along with the transcript.

• Marginal note:Application of Rule 11.16

  (2) Rule 11.16 applies, with any necessary modifications, to a videotape or other recording made under subrule (1).

12.01 This rule applies to applications by counsel of record to be removed as counsel of record, and to applications by the prosecutor to have counsel of record for an accused removed as counsel of record.

12.02 Applications under rule 12.01 shall be made to a judge sitting in the court centre in which the proceedings to which the application relates are scheduled to take place, as soon as is reasonably practicable and sufficiently in advance of the scheduled date of the preliminary inquiry or trial to ensure that no adjournment of the proceedings will be required for that purpose, or, if the matter arises at the preliminary inquiry or trial, to the presiding judge.

Marginal note:General Rule

• 12.03 (1) Service of a notice of the application under this rule and the supporting materials required by rule 12.04 shall be made on the accused and other counsel, at least 15 days before the date fixed for the hearing of the application, which shall not be later than 10 days before the date fixed for the preliminary inquiry or trial.

• Marginal note:Manner of Service

  (2) Service of the Notice of Application and supporting materials shall be made in accordance with Rule 5, and if the application is made by counsel of record, on the accused by mailing a copy to his or her latest known address.

• Marginal note:Filing with Proof of Service

  (3) 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 10 days before the date fixed for the hearing of the application.