Notice to the profession re criminal law applications

Notice to the Profession regarding criminal law applications in the Superior Court of Justice that were not addressed at a Pre-trial Conference

Counsel are reminded that where an application has not been indicated on counsel’s Pre-trial Conference Report (Form 17) or discussed at the Superior Court judicial pre-trial conference, that counsel are required to provide written notice of the new application to the Crown, any co-accused, any other relevant parties and the Superior Court of Justice Trial Coordinator and arrange for a further pre-trial conference.  Rule 28:04 (11)

Where a new application is brought counsel must file any notices, records, facta, books of authorities and other materials required by the rules unless a judge orders otherwise.  Rule 28:04(11)

The failure to comply with the subrules may result in any application for which counsel has not complied with the rules not being heard by the trial judge. Rule 28:04(12)

Chief Justice Heather J. Smith
Superior Court of Justice

June 28, 2019