Part I: General Matters [Rules 1-19] (continued)
Rule 1 Citation, Application and Interpretation (continued)
1.04 (1) These rules are intended to provide for the just determination of every criminal proceeding, and shall be liberally construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.
Matters Not Provided For
(2) Where matters are not provided for in these rules, the practice shall be determined by analogy to them.
Party Acting in Person
(3) Where an accused is not represented by a solicitor but acts in person, anything that these rules require or permit a solicitor to do shall be done by the accused.
Application of Code Provisions
1.05 The interpretation sections of the Code apply to these rules.
1.06 The forms prescribed in the Appendix of Forms shall be used where applicable and with such variations as the circumstances require.
Rule 2 Non-Compliance with the Rules
Court May Dispense with Compliance
2.01 A judge of the court may only dispense with compliance with any rule where and to the extent it is necessary in the interests of justice to do so.
Rule 3 Time
(a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used;
(b) where a period of less than 7 days is prescribed, holidays shall not be counted;
(c) where the time for doing an act under these rules expires on a holiday, the act may be done on the next day that is not a holiday; and
(d) service of a document, other than an originating process, made after 4 p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday.
(2) Where a time of day is mentioned in these rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.
Extension or Abridgment
General Powers of Court
(2) An application for an order extending time may be made before or after the expiration of the time prescribed.
Consent in Writing
(3) Any time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by consent in writing endorsed on the relevant document by the party to whom the document is intended, or in such other form as a judge of the court may direct.
Rule 4 Court Documents
4.01 Every document in a proceeding shall be of good quality paper 216 millimetres by 279 millimetres in size and the text shall be printed, typewritten, written or reproduced legibly on one side only with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side.
(a) the name of the court and the court file number; and,
(b) the title of the proceeding in accordance with rule 6 (application) or rule 40 (appeal), but in a document other than an originating process, record, order or report, where there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used.
Body of Document
(2) Every document in a proceeding shall contain:
(a) the title of the document;
(b) its date;
(c) where the document is filed by a party and not issued by a registrar or is an originating process, the name, address and telephone number of the solicitor filing the document or, where a party acts in person, his or her name, address for service and telephone number; and
(d) where the document is issued by a registrar, the address of the court office in which the proceeding was commenced.
(3) Every document in a proceeding shall have a backsheet in accordance with Form 3 that sets out:
(a) the short title of the proceeding;
(b) the name of the court and the court file number;
(c) in the case of an affidavit, the deponent’s name and the date when he or she swore or affirmed it;
(d) the location of the court office in which the proceeding was commenced;
(e) the title of the document; and
(f) the name, address and telephone number of the solicitor serving or filing the document or, where a party acts in person, his or her name, address for service and telephone number.
Certified Copies of Court Documents
4.03 At the request of a person entitled to see a document in a court file and on payment of the prescribed fee, the registrar shall issue a certified copy of the document.
Notice to be in Writing
4.04 Where these rules require notice to be given, it shall be given in writing.
Filing of Documents
Place of Filing
4.05 (1) All documents required to be filed in a proceeding shall be filed in the court office in which the proceeding was commenced, except where they are filed in the course of a hearing or where these rules provide otherwise.
(2) An affidavit, transcript, record or factum to be used on the hearing of an application shall be filed in the court office in the place where the hearing is to be held.
Filing by Leaving in Court Office or by Mail
(3) Any document, other than one that is to be issued, may be filed by leaving it in the proper court office or mailing it to the proper court office, accompanied by the prescribed fee.
Date of Filing where Filed by Mail
(4) Where a document is filed by mail, the date of the filing stamp of the court office on the document shall be deemed to be the date of its filing, unless the court orders otherwise in accordance with rule 2.01.
Where Document Filed by Mail not Received
(5) Where a court office has no record of the receipt of a document alleged to have been filed by mail, the document shall be deemed not to have been filed, unless the court orders otherwise in accordance with rule 2.01.
(a) be in Form 4;
(b) be expressed in the first person;
(c) state the full name of the deponent and, if the deponent is a party or a solicitor, officer, director, member or employee of a party, shall state that fact;
(d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and,
(e) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations.
(2) An affidavit shall be confined to a statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except that an affidavit may contain statements of the deponent’s information and belief with respect to facts that are not contentious, provided that the source(s) of the information and the fact of belief are specified in the affidavit, or except where these rules provide otherwise.
(3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and where the exhibit:
(a) is referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;
(b) is referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the solicitor or party who filed the affidavit, unless the court orders otherwise in accordance with rule 2.01; and,
(c) is a document, a copy shall be served with the affidavit, unless it is impractical to do so.
By Two or More Deponents
(4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Sworn (or affirmed) by the above-named deponents” may be used.
For a Corporation
(5) Where these rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation.
(6) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer.
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