Court of Queen’s Bench for Saskatchewan Summary Conviction Appeal Rules (SI/2011-20)

Marginal note:Power of court if appellant fails to file memorandum or to appear

20 If an appellant fails to file a memorandum of argument as required by Rule 14 and fails to appear at the hearing on the date and at the time and place set out in the notice given by the local registrar under Rule 10, the appeal court may dismiss the appeal or make any other order it considers just.

Marginal note:Abandonment

21 An appellant may abandon an appeal by

• (a) signing and filing a notice in Form 5; or

• (b) informing the appeal court in person or by counsel that the appeal is abandoned.

Marginal note:Time limits

22 Any judge may, on application, extend or shorten the time provided for the giving of any notice or the doing of any act, even if an application for extension or an order granting an extension is made after the time has expired.

Marginal note:Application for release or stay

23 An appellant who applies for release, a stay of a probation order, a stay of a driving prohibition, or any other stay order, shall file with the local registrar

• (a) a Notice of Application in Form 6;

• (b) an affidavit verifying the facts on which the appellant relies in support of the application; and

• (c) any other material on which the appellant relies in support of the application.

Marginal note:Service of application on prosecutor

24 On filing an application under Rule 23, the appellant shall serve the application and accompanying material on the prosecutor.

Marginal note:Notice of hearing

25 If an appellant applies pursuant to Rule 23, the local registrar shall

• (a) within three days after receiving the material from the appellant, set a date for the hearing of the application; and

• (b) notify the appellant and the respondent of the date and time when, and the place where, the hearing will be held.

Marginal note:When appeal court may make orders re application without prosecutor

26 With the written consent of the prosecutor, the appeal court may make any order on an application pursuant to Rule 23 without the attendance of the prosecutor.

Marginal note:General procedure and practice of appeal court to be followed

27 Unless provided otherwise by statute or by these Rules, the general procedure and practice of the appeal court shall be applied, with necessary modification, in a summary conviction appeal, including an application to dismiss an appeal and an application for release or stay.

28 [Repeal]

Marginal note:Coming into effect

29 These Rules come into effect on April 1, 2011.