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

Marginal note:Completion of Report

• 15.04 (1) The pre-hearing conference judge, on the completion of the hearing, may complete a Pre-hearing Conference Report in Form 13, a copy of which shall be provided to the prosecutor and counsel of record, or to the accused if the accused is not represented by counsel of record, and may be provided to the trial judge, together with any materials filed by counsel of record on the pre-hearing conference relating to matters to be raised at trial.

• Marginal note:No Disclosure

  (2) Except with the express consent of the prosecutor and counsel of record, the pre-hearing conference judge shall not disclose to the judge presiding at trial any communications or discussion relating to a plea of guilty unless, whether pursuant to subsection 606(4) of the Code or otherwise, a plea of guilty will be entered at trial.

15.05 Nothing in these rules shall be construed or interpreted so as to preclude a judge from conducting, with the consent of the prosecutor and counsel of record, any other informal pre-hearing conferences, in addition to the conference provided for in subsection 625.1(1) of the Code, on any terms that the judge deems fit.

16.01 This rule applies to applications under subsection 591(3) of the Code for an order that the accused be tried separately on one or more of the counts in an information or, if there is more than one accused, that one or more of them be tried separately on one or more of the counts.

16.02 Applications under rule 16.01 shall be made to the judge assigned to preside over the trial, in the court centre in which the trial is to be held.

16.03 The Notice of Application shall include a statement of the manner in which it is proposed that the accused be tried separately on one or more of the counts in an information, or, if there is more than one accused, a statement of the manner in which it is proposed that one or more of them be tried separately on one or more of the counts.

Marginal note:General Rule

• 16.04 (1) Service of the Notice of Application under this rule, and of the supporting materials required by rule 16.05, shall be made on the prosecutor and all other parties to the proceedings, as the case may be, in accordance with Rule 5, not later than 15 days before the date fixed for the hearing of the application, which shall be not later than 10 days before the date fixed for trial.

• 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 10 days before the date fixed for the hearing of the application.

Marginal note:Materials to Be Filed

• 16.05 (1) The Notice of Application shall include, whether by affidavit by or on behalf of the applicant or otherwise, the matters described in subrule (2).

• Marginal note:Affidavit by or on Behalf of the Applicant

  (2) The affidavit by or on behalf of the applicant required by subrule (1) shall contain

  • (a) a copy of the information(s) to which the application relates;

  • (b) particulars of any prior applications to have the accused tried separately on one or more of the counts in an information or, if there is more than one accused, to have one or more of them tried separately on one or more of the counts, including, if available, transcripts of proceedings taken on those applications; and

  • (c) a full statement of all facts material to a determination of the application without disclosing any solicitor-client communications in respect of which solicitor-client privilege has not been waived.

• Marginal note:Factum May Be Required

  (3) A judge may require that factums complying with rules 6.06 to 6.08 be filed on applications under this rule.