Rules of Practice and Procedure of the Chief Military Judge (SOR/2025-46)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Consent to Service by Email

I, (state service number and rank, if applicable, and name of person), give consent to be served by email with any document in relation to this proceeding.

A document may be served by email sent to the following email address: (Set out email address to which documents may be served.)

(Date)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Withdrawal of Consent to Service by Email

(Select applicable statement.)

I, (state service number and rank, if applicable, and name), withdraw consent, as given in the Form 1 dated , to be served by email with any document in relation to this proceeding.

I, , counsel appointed by (state Director of Military Prosecutions or Director of Defence Counsel Services, as applicable), withdraw consent to be served by email with any document in relation to this proceeding.

(Date)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Certificate of Service

I, (state service number and rank, if applicable, and name), served (state rank, if applicable, and name) with a copy of (identify document served) at (time) on (date).

Service of the document was effected by (select means of service):

• □ personal service;

• □ registered mail delivered to (state address);

• □ fax transmitted to (state fax number); or

• □ email transmitted to (state email address).

(Include following paragraph if document was served by registered mail, fax or email.)

Attached to this certificate is (select attached documents):

• □ the recipient’s written acknowledgment of service of the document;

• □ the postal office delivery receipt that indicates the day on which the document was delivered by registered mail;

• □ the transmission confirmation receipt that indicates the date and time of the transmission of the document by fax;

• □ the transmission confirmation receipt that indicates the date and time of the transmission of the document by email.

(Date)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Notice of Application

The applicant, (state name), will make an application before the presiding military judge in the court martial of (state name of accused person).

The applicant makes an application for: (State, in detail, nature of application and relief sought.)

The grounds for the application are: (State grounds, including any rule or statutory or regulatory provision relied on.)

The applicant intends to present the following materials at the hearing: (List all documentary, affidavit or other evidence intended to be presented.)

The applicant estimates that a period of (state period of time) will be required to present the application.

The applicant proposes that the application be heard at (time) on (date) and that it be held (indicate whether hearing is proposed to be held in person or by telephone, video conference or other means).

(Insert following sentence if hearing is proposed to be held by video conference.)

The applicant requests video conference connections between the following locations: (State locations.)

(Date)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name and address of every other party.)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Application for Plea of Guilty

The accused person, (state service number and rank, if applicable, and name), under subsection 189.1(2) of the National Defence Act, makes an application to (state name of military judge assigned to preside at court martial) to receive the accused person’s plea of guilty in respect of the following charges: (Indicate charges.)

(Date)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name of representative of Directory of Military Prosecutions.)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Reply to Application

The respondent, (state name), makes this reply to the application of (state name of applicant) in the court martial of (state service number and rank, if applicable, and name of accused person), dated , 20.

The respondent’s position with respect to the matters raised in the application is the following: (Indicate matters at issue and grounds for argument and matters which respondent does not dispute.)

The respondent intends to present the following materials at the hearing: (List all documentary, affidavit or other evidence intended to be presented.)

The respondent estimates that a period of (state period of time) will be required to present their reply to the application.

(Date)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name and address of every other party.)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Notice of Withdrawal of Application

The applicant, (state name), withdraws the application made in respect of the court martial of (state service number and rank, if applicable, and name of accused person) and dated , 20.

The application was for: (State, in brief, nature of application and of relief sought.)

(Date)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name and address of every other party.)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Notice of Withdrawal of Counsel for Accused Person

I, (state rank, if applicable, and name of counsel for accused person), withdraw as counsel for the accused person in the above-named court martial.

(Select one of the following as applicable.)

• □ I do not know how the accused intends to be represented after my withdrawal.

After my withdrawal, the accused will be:

• □ represented by defence counsel provided by the Director of Defence Counsel Services: (If known, state rank, if applicable, and name.)

• □ represented by civilian counsel: (If known, state name, address, telephone and fax numbers and email address of counsel.)

• □ self-represented.

(Date)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name of the accused person and the Director of Military Prosecutions.)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

I, (state rank, if applicable, and name of counsel for accused person), apply to withdraw as counsel for the accused person in the above-named court martial, which was convened on (date).

I am applying to withdraw as counsel for the accused person for the following reasons:(State reasons.)

The applicant intends to present the following materials at the hearing: (List all documentary, affidavit or other evidence intended to be presented.)

The applicant estimates that a period of (state period of time) will be required to present the application.

The applicant proposes that the application be heard at (time) on (date) and that it be held (indicate whether hearing is proposed to be held in person or by telephone, video conference or other means).

(Insert following sentence if hearing is proposed to be held by video conference.)

The applicant requests video conference connections between the following locations: (State locations.)

(Date)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name of the accused person, the Director of Military Prosecutions, every other party to the proceeding and, if applicable, the Director of Defence Counsel Services.)

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Request for Access to Exhibits, Documents and Other Things

I, (state name), request access to the following exhibits, documents and other things related to the ongoing proceeding respecting (state name of accused person):

(Specify exhibits, documents, and other things for which access is requested.)

(Date)