Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

Version of section 31.02 from 2012-03-01 to 2013-12-31:

  •  (1) An application to exclude evidence that is presumptively admissible shall be made to the judge who is scheduled to preside or is presiding in the proceedings in which the evidence is tendered for admission.

Exception
  • (2) Despite rule 31.02(1), where the parties expressly agree that applications under this rule to exclude evidence may be heard and determined by a judge other than the trial judge and that rulings made on these applications will be incorporated into the record of the proceedings in which the evidence is tendered for admission, the pre-trial conference or case management judge may make an order to give effect to the parties’ agreement and the applications may be heard and determined by a judge other than the designated trial judge.

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