Marginal note:Presentation and content
34. (1) Motions shall be presented, according to their nature, before the Court, the Judge or the Clerk. They shall be accompanied by all that is required for their consideration, and in particular by proceedings, exhibits, depositions, minutes, judgments or excerpts therefrom, as well as any statutory or regulatory provisions cited, with the exception of provisions of the Constitution Act, 1982, the Criminal Code, the Canada Evidence Act, the Controlled Drugs and Substances Act and the Youth Criminal Justice Act.
(2) A party may apply to be excused from producing paper copies of the documents that accompany the motion, or certain of those documents, if all the parties to the motion consent that they be produced in computer format. The application is to be made by letter, by facsimile or by e-mail addressed to the Office of the Court, with a copy to the other parties to the motion, and is adjudicated by a Judge in the case of a motion to the Court or to a Judge, or by the Clerk in the case of a motion to the Clerk.
35. Any motion alleging facts that do not appear in the record shall be supported by the affidavit of a person who has personal knowledge of those facts.
36. (1) Except where otherwise provided, motions and the attached documents shall be served in the manner prescribed in the Code of Civil Procedure.
(2) A motion by the Attorney General to dismiss the appeal shall be served on the appellant personally, unless a Judge has ordered otherwise, and on the appellant’s counsel, if applicable.
Marginal note:Attendance excused
37. Except in an application for the interim release of the appellant, the sending of the respondent’s written consent to the conclusions of the motion, by letter, by facsimile or by e-mail and with copies to the parties, excuses the parties and their counsel from attending the presentation of the motion, unless the Court, the Judge or the Clerk who will hear the motion determines otherwise and so notifies the parties.
Marginal note:Convening at a different time
38. The Court, the Judge or the Clerk may excuse the parties and their counsel from being present at the opening of a sitting and convene them at a different time for the hearing of the motion.
39. If a party fails to appear on the day and at the time established for the hearing of the motion, the Court, the Judge or the Clerk may hear only those parties present and adjudicate the motion without hearing the absent party, or adjourn the hearing on the conditions deemed appropriate.
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