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Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador (SI/2018-43)

Regulations are current to 2020-09-09 and last amended on 2018-07-01. Previous Versions

RULE 9Pre-Trial Conferences (continued)

Marginal note:Pre-Trial Conference held within 90 days

  •  (1) In any matter not ordered to be subject to case management, a pre-trial conference shall be held within 90 days of the day on which the indictment was filed with the court, unless a judge orders otherwise.

  • (2) For greater certainty, subrule (1) shall not be read to limit the number of pre-trial conferences which may be held in a proceeding.

Marginal note:Scheduling Pre-Trial Conferences

  •  (1) Subject to subrule (2), the judge in arraignment court shall set a date for a pre-trial conference in accordance with rule 9.02.

  • (2) If a date for a pre-trial conference is set before the proceeding is ordered to be subject to case management, a pre-trial conference scheduled under subrule (1) shall be converted to a case management conference and shall be governed by rule 10.

  • (3) A date for a subsequent pre-trial conference may be set by a judge in arraignment court or by a registry clerk following an informal request to the Registry.

Marginal note:Documents to be Filed before Pre-Trial Conferences

  •  (1) The prosecutor and counsel for the accused shall jointly prepare a Pre-Trial Report in CR Form 9.04 in accordance with this rule.

  • (2) Where there are co-accused, the prosecutor may prepare a separate Pre-Trial Report with counsel for each co-accused.

  • (3) The prosecutor shall complete the applicable sections of the Pre-Trial Report and serve it on the accused or his or her counsel, as the case may be, at least seven days prior to the pre-trial conference.

  • (4) Counsel for the accused shall complete the applicable sections of the Pre-Trial Report delivered by the prosecutor and serve the completed report on the prosecutor and any other accused and shall file it with the court at least three days prior to the pre-trial conference.

  • (5) Where the parties are unable to agree on the contents of the Pre-Trial Report, they shall outline the points of difference between them in the report and nevertheless sign and file it.

  • (6) Where a pre-trial conference is enlarged or rescheduled after the filing of a Pre-Trial Report, the parties must prepare a new Pre-Trial Report in accordance with this rule or certify to the Court that there is no change to the information or positions as set out in a previously filed Report.

  • (7) Unless otherwise ordered, an accused who is not represented by counsel is not required to complete the applicable sections of the Pre-Trial Report and in such a case, the prosecutor shall file the partially completed Pre- Trial Report with the court at least three days prior to the pre-trial conference.

  • (8) Notwithstanding rule 7.04(5), at the end of the pretrial conference, the Pre-Trial Report shall be placed in the court file in a sealed envelope and access to the report shall be restricted to parties and those judges dealing with the matter.

Marginal note:Procedure at Pre-Trial Conferences

  •  (1) A judge who presides at a pre-trial conference may, at his or her discretion, grant leave to a party to file an application and direct that an anticipated application be heard prior to the date fixed for trial, at such time and date as the judge deems fit or at such other time and date as may be convenient.

  • (2) The judge who presides at a pre-trial conference may make such other orders as the judge considers necessary and appropriate in order to promote a fair, just and expeditious pre-trial conference and trial having regard to all the circumstances.

  • (3) At the end of the pre-trial conference, the judge who presides at the pre-trial conference shall endorse on a copy of the indictment the date upon which the pre-trial conference was held.

Marginal note:Report of Pre-Trial Conference

  •  (1) After the pre-trial conference, the presiding judge shall prepare and file a report outlining any agreement reached during the conference and provide a copy of the report to the prosecutor and the accused.

  • (2) Before the report in subrule (1) is filed, it shall be sealed in an envelope and access to the report shall be restricted to parties and those judges dealing with the matter.

Marginal note:Pre-Trial Conference Judge may be the Trial Judge

 The pre-trial conference judge is not precluded from being the trial judge in the proceeding by virtue of being the pre-trial conference judge.

Marginal note:Location of Trial

  •  (1) Unless a judge orders otherwise, the trial of a proceeding shall be held in the judicial centre where the indictment was filed.

  • (2) Nothing in these Rules precludes the hearing of

    • (a) the trial of a proceeding;

    • (b) an application in relation to a proceeding; or

    • (c) an application for review of a detention order under Rule 14, in any location outside a judicial centre.

RULE 10Case Management

Marginal note:Purpose

 The purpose of case management is to provide a level of management and direction for selected proceedings with respect to pre-trial procedures and preparation for trial that is more organized, coordinated and focused than what would be normally applicable to cases proceeding from indictment to trial.

Marginal note:Order for Case Management

 A judge, on application or on his or her own motion, may make a case management order in any case if the judge is of the view that the case would benefit from case management.

Marginal note:When Mandatory

 Unless otherwise ordered, a case shall be case managed if:

  • (a) there are multiple accused and multiple counsel involved;

  • (b) an accused is charged with more than six offences;

  • (c) the trial is anticipated to take more than 5 days to try;

  • (d) an accused is charged with an offence under sections 235, 236 or 239 of the Code;

  • (e) the case will likely be tried by a jury;

  • (f) an accused is charged with conspiracy to commit an offence under sections 5, 6 or 7 of the Controlled Drugs and Substances Act (Canada);

  • (g) the case may require the coordination of the hearing of a number of pre-trial applications;

  • (h) the number of exhibits likely requires pre-trial organization and management;

  • (i) an accused is not represented by counsel; or

  • (j) the number of expert witnesses at trial is likely to exceed six.

Marginal note:Factors to be Considered

 In considering whether the case should be assigned to case management under rule 10.02, all the relevant circumstances of the case shall be taken into account, including, but not limited to:

  • (a) the purpose of case management;

  • (b) the complexity of the proceeding, including the issues of fact and law involved in any pre-trial applications;

  • (c) the number of parties involved in the proceeding;

  • (d) the number of proceedings involving the same or related parties;

  • (e) the nature and extent of intervention by the case management judge that the proceeding is likely to require;

  • (f) the time reasonably required for any pre-trial applications;

  • (g) the time reasonably required for completion of the proceeding; and

  • (h) the number of witnesses likely to testify in the proceeding.

Marginal note:First Case Management Conference

  •  (1) On receipt of an order that the case shall be case managed, a registry clerk shall:

    • (a) request the Chief Justice to assign a case management judge; and

    • (b) schedule a case management conference, where one has not been scheduled in accordance with rule 9.03(2).

  • (2) The parties shall prepare a Pre-Trial Report in CR Form 9.04 before the first case management conference and rule 9.04 applies to the case management conference with any necessary modifications.

Marginal note:Case Management Generally

  •  (1) Except in special circumstances, the designation of a case management judge shall be made in rotation from a roster of judges maintained for the purpose by the Chief Justice.

  • (2) All subsequent applications and other steps taken in the proceeding shall be brought to the attention of the case management judge.

  • (3) All subsequent documents in a proceeding in respect of which a case management order has been made shall include the words immediately below the title of proceeding “A CASE-MANAGED PROCEEDING BEFORE JUSTICE” followed by the name of the case management judge assigned to that proceeding.

  • (4) At any time following the appointment of a case management judge, the Chief Justice may substitute another judge for the case management judge.

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