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

4.01 Unless the nature of the document renders it impracticable, every document prepared by a party for use in a proceeding shall be legibly printed, typewritten, written or reproduced on durable white paper 279 mm in length and 216 mm in width, with a margin on the left side of the face of the page and, if the reverse side is used, on the right side of the reverse.

Marginal note:General Heading

• 4.02 (1) Every document in a proceeding shall have a heading in accordance with Form 1 (Notice of Application) that sets out

  • (a) the name of the court and the information number; and

  • (b) the title of the proceeding but, in a document other than a record, order or report, if there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used.

• Marginal note:Body of Document

  (2) Every document in a proceeding shall contain

  • (a) the title of the document;

  • (b) its date;

  • (c) if the document is filed by a party and not issued by a clerk, the name, address and telephone number of counsel filing the document or, if a party is not represented by counsel, the name of the party, their address for service and their telephone number; and

  • (d) If the document is issued by a clerk, the address of the court office in which the proceeding was commenced.

4.03 At the request of a person entitled to see and to receive a copy of a document in a court file, the clerk shall issue a certified copy of the document on payment of the prescribed fee.

4.04 If these rules require notice to be given, it shall be given in writing.

Marginal note:Place of Filing

• 4.05 (1) All documents required to be filed in a proceeding shall be filed in the court office for the place where the proceeding was commenced or pending or being heard, as the case may be, except if they are filed in the course of a hearing or if these rules provide otherwise.

• (2) An affidavit, transcript, record or factum to be used on the hearing of an application shall be filed in the court office for the place where the hearing is to be held.

• Marginal note:Filing by Leaving in Court Office or by Mail

  (3) Any document, other than one that is to be issued, may be filed by leaving it in the proper court office or mailing it to the proper court office accompanied by, if applicable, the prescribed fee.

• Marginal note:Date of Filing if Filed by Mail

  (4) If a document is filed by mail, the date of the filing stamp of the court office on the document is deemed to be the date of its filing, unless the court orders otherwise in accordance with rule 2.02.

• Marginal note:If Document Filed by Mail Not Received

  (5) If a court office has no record of the receipt of a document alleged to have been filed by mail, the document is deemed not to have been filed, unless the court orders otherwise in accordance with rule 2.02.