7.05 A trial date may be arranged by agreement between the accused, counsel for the Crown and the registrar.
7.06 Where a form of consent to trial date that is signed by the accused and counsel for the Crown and that bears the written consent of the registrar is filed with the court office no later than noon the day before the date scheduled for a criminal assignment court appearance, the date is deemed to have been fixed and attendance at the assignment court by the accused or his or her counsel is not required.
SUMMARY CONVICTION APPEALS
8.01 A notice of appeal shall be prepared by the appellant and shall be signed by the appellant or counsel for the appellant.
8.02 A notice of appeal shall be in Form 1 of the Schedule and shall be accompanied by a certificate in a form approved by the registrar confirming that at least three copies of the evidence recorded have been ordered and the order accepted.
8.03 A notice of appeal shall be filed with the court no later than 30 days after a conviction, order or sentence.
8.04 A notice of appeal shall be served personally on the respondent or his or her counsel no later than 30 days after the date it is filed with the court unless, before or after the expiration of the 30 days, the court otherwise orders.
8.05 The appellant shall file with the court proof of service of the notice of appeal no later than seven days after the notice is served.
8.06 Where an appeal is against sentence only, the appellant is required to provide only a transcript of the proceedings on sentence.
8.07 Where an appellant is applying for a trial de novo, the application shall be made by motion before a date for the hearing of the appeal is fixed.
8.08 When the transcript of the proceedings that are the subject of the appeal is filed with the court, the appeal is deemed to be ready to be heard and shall be placed on the next criminal assignment court list for the purpose of fixing a date for the hearing of the appeal.
8.09 Counsel for the Crown shall give notice of the date of the criminal assignment court at which a date for the hearing of the appeal is to be fixed, by registered mail to the accused at his or her address of record.
8.10 If the appellant fails to appear personally or by counsel at the assignment court, the court may summarily dismiss the appeal.
8.11 If a respondent fails to appear personally or by counsel on the date fixed for hearing of the appeal, the court may proceed with the appeal in the absence of the respondent.
8.12 If the appellant fails to appear personally or by counsel on the date fixed for the hearing of the appeal, the court may summarily dismiss the appeal.
8.13 In any appeal in which a point of law is involved, each party to the appeal shall file with the court and exchange with the other party a factum in the form and in accordance with the time limits for filing and exchange of factums set out in the Court of Appeal Rules, Manitoba Regulation 555/88R.
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