Marginal note:Attendance of appellant if in custody
31. If an appellant who is in custody is entitled and desires to be present at the hearing of his or her appeal, the registrar shall issue a production order to the proper officer or officers to enable the provisions of section 688 of the Code to be carried into effect.
APPEAL MANAGEMENT, CHAMBERS SITTINGS AND ADJOURNMENTS
Marginal note:Appeal management
32. (1) If the registrar is of the opinion that the appellant has failed to pursue an appeal diligently or has failed to comply with these rules or that the appeal merits a managed approach, the registrar may refer the matter to a judge in chambers.
(2) The registrar shall make the referral mentioned in subrule (1) by sending to the appellant and respondent, by mail, fax or electronic transmission, a notice in Form E.
(3) The judge may make any order, take any measure or issue any directive that, in the opinion of the judge, will assist the court in effective and efficient management of the appeal.
(4) Without limiting the authority of a judge pursuant to subrule (3), he or she may:
(a) set timelines to complete all steps leading to the hearing of the appeal;
(b) schedule motions to be heard before the hearing of the appeal;
(c) make any other order to accelerate the appeal process; and
(d) refer the appeal to the court to be dismissed as abandoned or to make any order that the court considers just.
Marginal note:Chambers sitting
33. (1) Regular chambers sittings are to be held in Regina on the second and fourth Wednesdays of each month.
(2) If a judge or the registrar is satisfied that the matter is urgent, the judge or registrar may arrange a special chambers sitting.
(3) Where the appellant and respondent agree or the registrar directs, an application in chambers may be made by telephone conference, by video conference or by any other method acceptable to the registrar.
34. (1) All requests to adjourn the hearing of an appeal shall be made to the registrar immediately after being advised of the date fixed for appeal and on notice to the other party by filing Form F.
(2) The registrar:
(a) may adjourn or decline to adjourn the hearing, subject to consulting with the court when appropriate in the opinion of the registrar, and, if adjourned, set a new date for the hearing; or
(b) may refer the request to a judge in chambers.
(3) The decision of the registrar is final.
SHOW CAUSE AND ABANDONMENT
Marginal note:Show cause
35. If an appellant has failed to comply with an order or direction made pursuant to Rule 32, the registrar may, on notice to the appellant and respondent in Form G, refer the appeal to the court to be dismissed as abandoned unless, on the date fixed by the registrar in Form G or on any other date fixed by the court, the appellant can show cause why the appeal should not be dismissed as abandoned.
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