PART III: TRIAL PROCEEDINGS AND EVIDENCE [Rules 30-39]
Rule 30 Applications to Admit Evidence
30.01 This rule applies where a party to a proceeding seeks to have evidence admitted that a common law rule or other rule of admissibility renders presumptively inadmissible, including but not only:
(a) evidence of disreputable conduct by an accused, other than the conduct charged in the indictment;
(b) evidence of similar acts, whether included as other counts or not;
(c) evidence of a witness whose competence is governed by Section 4 of the Canada Evidence Act; and,
(d) evidence of a witness whose testimony, in whole or in part, is subject to a privilege.
To Whom Made
30.02 (1) An application to admit evidence that a common law or other rule of admissibility renders presumptively inadmissible shall be made to the judge who is scheduled to preside or is presiding in the proceedings in which the evidence is tendered for admission.
(2) Despite rule 30.02(1), where the parties expressly agree that applications under this rule to admit evidence may be heard and determined by a judge other than the trial judge, and that rulings made on these applications will be incorporated into the record of the proceedings in which the evidence is tendered for admission, the pre-trial conference or case management judge may make an order to give effect to the parties’ agreement and the applications may be heard and determined by a judge other than the designated trial judge.
Requirement of Notice
Form of Notice
30.03 (1) Applications to admit evidence under this rule shall be commenced by a notice of application in Form 1.
Contents of Notice
(2) The notice of application in Form 1 shall state:
(a) the place and date of hearing as determined in accordance with these rules;
(b) a detailed description of the presumptively inadmissible evidence the applicant seeks to introduce in the proceedings;
(c) a precise, case-specific statement of the basis and grounds upon which the evidence is said to be admissible;
(d) a detailed summary of the evidence or other material upon which the party seeking admission relies, and a statement of the manner in which the applicant proposes to introduce the evidence;
(e) an estimate of the time required to introduce the evidence and other material to be relied upon in support of the application; and,
(f) whether any order is required abridging or extending any times established by the pre-trial conference or case management judge or required for service and filing by this rule.
Filing and Service of Notice
30.04 (1) Any party who seeks to have evidence admitted under this rule shall give the notice required by rule 30.03 not less than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be, unless otherwise ordered by a judge under these rules.
Manner of Service
(2) Where the applicant is the prosecutor, service of the notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge shall be made in accordance with rule 5. Where the applicant is an accused, whether self-represented or represented by a solicitor of record, the notice and supporting materials shall be served on the office of the prosecutor having carriage of the proceedings.
Filing of Proof of Service
(3) The notice of application in Form 1 and any other supporting materials required by these rules or ordered by a judge, together with proof of service, shall be filed in the office of the clerk of the court in the place where the application is to be heard, not later than thirty (30) days before the day first scheduled for the hearing of the pre-trial motions or trial, as the case may be unless otherwise ordered by a judge of the court.
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