Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

Regulations are current to 2017-11-20 and last amended on 2014-01-01. Previous Versions

Form 11Order Releasing Exhibit(s) for Scientific Testing

Court File No.

COURT OF ONTARIO

(Superior Court of Justice)

((specify) Region)

BETWEEN:

HER MAJESTY THE QUEEN

— and —

(specify name of accused)

Order Releasing Exhibit(s) for Scientific Testing

(Code, Subsection 605(1))

(Criminal Proceedings Rules, Rule 21, Form 11)

UPON THE APPLICATION made on the day of , 2, by solicitor of record on behalf of the for an Order releasing for purposes of scientific tests and examination (a) certain exhibit(s) currently in the custody of the Court;

AND UPON reading the Notice of Application dated , 2 and the Affidavit(s) of , sworn , 2:

IT IS ORDERED that Exhibit(s) (specify number(s)) (briefly describe exhibits) be released from the custody of the Local Registrar of the Superior Court of Justice, subject to the following terms and conditions:

  • (a) that the exhibit(s) should be released forthwith to , who shall take such reasonable steps as he is advised by the proposed examiners to maintain the integrity of the exhibit(s) for scientific testing;

  • (b) that the reasonable expenses of this examination shall be paid by the (specify Crown or defence);

  • (c) that all reasonable steps shall be taken to preserve the samples for any further or other scientific testing;

  • (d) that the results of the testing, together with any supporting or preliminary material, be disclosed to the defending solicitor forthwith upon the preparation of a report of such finding, if any;

  • (e) that there be no further or other testing or examination of the exhibit(s) or any product or result of such testing or examination, which is not disclosed to both parties through their solicitors, both solicitors undertaking that they will not direct, authorize or request any testing or examination of the exhibit(s) or anything produced by such testing or examination, without the consent of and complete disclosure to the party opposite through solicitors;

  • (f) that upon the completion of such testing the exhibit(s) shall be returned to the custody of who shall take all such reasonable steps as he is advised by the examiners to maintain the integrity of the exhibit(s) for further scientific or other examination, if ordered, and for their presentation at trial; and

  • (g) that the making of the application, the representations made, the reasons given nor the result shall be disclosed, prior to the trial of the accused, or until further order of this Court.

  • (h) (state any other reasonable conditions required by the circumstances of the case)

DATED at , , this day of , 2.

Justice

Court of Ontario

 
Date modified: