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

16.06 The respondent may consent in writing to the order sought on terms included in a draft order filed, and a judge, satisfied that the relief sought by the applicant should be granted, may grant the order on those terms without the attendance of counsel.

17.01 This rule applies to applications under subsection 587(1) of the Code for an order that the prosecutor furnish particulars in respect of an information or a count in an information prior to commencement of the trial.

17.02 Applications under rule 17.01 shall be made to a judge sitting in the court centre in which the trial is to be held.

17.03 The Notice of Application shall include a statement of the manner in which it is proposed that the information or a count in the information be particularized.

Marginal note:General Rule

• 17.04 (1) Service of the Notice of Application under this rule and the supporting materials required by rule 17.05 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) 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

• 17.05 (1) The Notice of Application under this rule 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) a statement of any prior applications to have the information or a count thereof particularized, 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, including

    • (i) the matters disclosed by the evidence taken on any other proceedings,

    • (ii) the evidence expected to be taken on the trial,

    • (iii) the circumstances of the case, and

    • (iv) whether, having regard to the merits of the case, it is necessary for a fair trial that particulars be furnished.

• Marginal note:Application Record and Factum Not Required

  (3) No application record or factum is required on applications under this rule.