SPECIFIC RULES FOR EACH MATTER
Criminal and Penal Matters
Marginal note:§1. Motions and applications
34. Form. Except on an order of the judge or unless otherwise provided by law, all motions and applications presented to a judge pursuant to the Criminal Code, the Code of Penal Procedure or these Rules shall be presented orally and without notice.
35. Written motion or application. All written motions and applications shall set out the facts and grounds supporting them; they shall be accompanied by an affidavit and notice.
36. Period of service. Unless the judge decides otherwise, a written motion or application shall be served on the opposing party or that party’s attorney with notice of at least three (3) clear juridical days.
37. Service on an attorney. Service on an attorney shall be effected, in the case of the prosecution, at the office of the attorney of the municipality concerned, and in the case of the defendant’s attorney, at the attorney’s elected domicile.
Marginal note:§2. Conduct of the proceedings
38. Representation before the court. The attorney of record may be represented by an associate or another attorney mandated for that purpose.
39. Absence at the calling of the roll. An attorney who knows that his or her client will not be present in the courtroom when the client’s name is called must nonetheless be present before the court.
40. Withdrawal after appearance. An attorney who has appeared for a defendant may not withdraw from the record except with leave of the judge on presentation of a motion to withdraw served on the defendant and the opposing party, unless the attorney is exempted from such service by the judge seized of the motion.
41. Content of the notice of hearing. The notice of hearing given to the defendant in penal matters shall contain the provisions of articles 62 and 63 of the Code of Penal Procedure.
42. Place of the defendant. The defendant shall remain in the assigned place or beside his or her attorney throughout the trial, except with leave of the judge. The defendant shall rise and remain standing during the reading of the information laid and the pronouncement of the judgment or the sentence, except with leave of the judge.
Marginal note:§1. Written proceedings and exhibits
43. Written proceedings. All written proceedings shall be legibly written on one side of a good quality sheet of paper measuring 21.5 x 35.5 cm; the nature and object of the proceeding, the amount in dispute, the record number, the names of the parties and the name, address, postal code, telephone number, fax number and computer code of the attorney of the party filing the proceeding shall be indicated on the backing.
If a party is not represented by an attorney, the attorney’s computer code and fax number are not required.
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