Marginal note:Place of pre-trial applications

39. Notwithstanding the place of trial, an application or proceeding that may be taken before the trial may be heard at such place as the judge considers appropriate, having regard to the convenience of the Court and the parties.

Marginal note:Application of Part

40. This Part applies to an application on behalf of an accused or the prosecutor for an order adjourning trial proceedings after a date has been fixed for trial, but before commencement of the trial.

Marginal note:Judge

41. An application for an adjournment may be heard by the trial judge or by any other judge.

Marginal note:Application

• 42. (1) An application shall be made by notice of motion in Form 1 of the schedule, which must be accompanied by an affidavit of or on behalf of the applicant that

  • (a) sets out the particulars of the indictment containing the charge on which trial proceedings are scheduled to commence;

  • (b) sets out the particulars of any prior application, whether on behalf of the accused or the prosecutor, to have the trial adjourned from a date fixed for trial to a subsequent date, including, where available, a transcript of the proceeding taken on the prior application;

  • (c) states all facts material to a determination of the application without disclosing any solicitor-client communications in respect of which solicitor-client privilege has not been waived; and

  • (d) states the date or dates to which it is proposed the matter be adjourned for trial.

• (2) Notwithstanding rule 25, a memorandum of cases, statutory provisions and other authorities is not required on an application.

Marginal note:Consent adjournment

• 43. (1) Where both the prosecutor and the accused agree that the trial be adjourned, they may make a joint request by a written memorandum for a judge’s fiat directing that the matter be adjourned to a date that is certain or to be set.

• (2) The written memorandum shall set out the reasons for the request for adjournment.

Marginal note:Application of Part

44. This Part applies to an application under subsection 527(1) of the Code to procure the attendance of a person who is confined in a prison.

Marginal note:Applicant, time of application

• 45. (1) Where the person who is confined is the accused, the application shall be made by

  • (a) counsel for the accused; or

  • (b) if the accused does not have counsel, the prosecutor.

• (2) Where the person who is confined is a witness, the application shall be made by counsel for the party that plans to call that witness.

• (3) An application shall be made ex parte to a judge as soon as is reasonably practicable and sufficiently before attendance is required to ensure that no adjournment of the proceeding will be required for attendance and to provide adequate notice to the authorities holding and transporting the person who is confined.

• (4) Except by leave of a judge, an application shall be made not less than four days before the day attendance is required.