Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench (SI/2016-34)

Regulations are current to 2017-11-20 and last amended on 2016-10-01. Previous Versions

Marginal note:Memorandum by pre-trial conference judge
  •  (1) The pre-trial conference judge must complete a pre-trial conference memorandum, which must be provided to the trial judge, the prosecutor, counsel for each accused and any self-represented accused.

  • Marginal note:Confidentiality of memorandum

    (2) The pre-trial conference memorandum is not part of the public record. It must be kept in the custody of the Court in the “B” file for the proceeding and may be disclosed only in accordance with subrule (1).

Marginal note:Scheduling further proceedings

 After completing a pre-trial conference, the judge must do at least one of the following:

  • (a) schedule a further pre-trial conference, if the matter is not yet ready to be scheduled for trial;

  • (b) schedule any pre-trial hearings;

  • (c) set deadlines for filing documents;

  • (d) refer the matter to the Chief Justice, with a copy of the pre-trial memorandum, for the appointment of a case management judge in accordance with section 551.1 of the Code;

  • (e) schedule a sentencing hearing, if the accused indicates that he or she will be entering a guilty plea; and

  • (f) schedule the trial.

Marginal note:Maximum number of pre-trial conferences

 Unless the case is to be tried with a jury or there are exceptional circumstances, there must be no more than three pre-trial conferences.

Rule 13 — Case Management Conferences

Marginal note:Application

 Rules 13.02 to 13.06 apply to case management conferences that are conducted under section 551.1 of the Code.

Marginal note:Case management judge
  •  (1) The judge who is appointed to conduct a case management conference may be the same judge who conducted the resolution conference or the pre-trial conference with respect to the matter.

  • Marginal note:Powers

    (2) The judge who is appointed to conduct the conference has the powers of a case management judge under sections 551.2 to 551.4 and 551.6 of the Code.

Marginal note:Briefs required

 If a pre-trial conference was not held prior to the holding of a case management conference, pre-trial conference briefs must be filed and served in accordance with rules 12.02 to 12.04.

Marginal note:Scheduling further proceedings

 After completing a case management conference, the case management judge must schedule

  • (a) a further case management conference, if the matter is not yet ready to be scheduled for trial;

  • (b) any pre-trial motions or applications; or

  • (c) the trial.

Marginal note:Memorandum by case management judge
  •  (1) The case management judge must complete a case management memorandum, which must be provided to the trial judge, the prosecutor, counsel for each accused and any self-represented accused.

  • Marginal note:Confidentiality of memorandum

    (2) The case management conference memorandum is not part of the public record. It must be kept in the custody of the Court in the “B” file for the proceeding and be disclosed only in accordance with subrule (1).

Marginal note:Change of position
  •  (1) If a party changes a position that has been taken and recorded in the case management memorandum, the party must give written notice of the change to the other parties and the case management conference judge.

  • Marginal note:Failure to comply with subrule (1)

    (2) Failure to comply with subrule (1) may result in a motion or application resulting from the change in position not being heard by the trial judge.

PART 4Pre-trial Proceedings and Trial Readiness

Rule 14 — Motions and Applications

Marginal note:Application

 Rules 14.02 to 14.06 apply if

  • (a) the Code or another Act of Parliament permits or requires that an application be made for an order or determination by a judge and there is no specific rule governing the procedure; or

  • (b) a party seeks a ruling before a trial as to the admissibility of evidence, other than under subsection 24(2) of the Charter.

Marginal note:Notice of motion
  •  (1) An application must be commenced by filing a notice of motion in Form 5 of the schedule.

  • Marginal note:Time limits set by judge

    (2) If the issue that is the subject of the motion is identified at a pre-trial or case management conference, the pre-trial conference judge or the case management judge must set time limits for filing and serving the notice of motion and supporting materials.

  • Marginal note:Scheduling conference to set hearing dates

    (3) If the issue that is the subject of the motion has not been identified at a pre-trial or case management conference, the party making the motion must schedule another pre-trial or case management conference to set hearing dates and time limits for filing materials.

Marginal note:Contents of notice of motion

 Every notice of motion must state

  • (a) the place and date of hearing;

  • (b) the precise relief sought;

  • (c) the grounds to be argued, including a reference to any statutory provision or rule to be relied on;

  • (d) whether the motion is to be based on oral evidence and, if not, the documentary, affidavit and other evidence to be used at the hearing of the application; and

  • (e) whether any order is required to abridge or extend any time limit for filing or serving the notice of motion or supporting materials required under these rules.

Marginal note:Filing and serving motion record and supporting materials
  •  (1) An applicant must file a motion record and any supporting materials and serve those documents on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

  • Marginal note:Filing of documents as part of record

    (2) Any documents served by a party for use on a motion may be filed as part of the party’s motion record and need not be filed separately if the motion record is filed within the time limits set by a judge under subrule (1).

  • Marginal note:Contents of motion record

    (3) The applicant’s motion record must contain, in the following order:

    • (a) a table of contents describing each document;

    • (b) a copy of the notice of motion;

    • (c) a copy of the indictment to which the motion relates;

    • (d) a copy of all affidavits and other material to be relied on;

    • (e) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and

    • (f) a copy of any other material in the Court file that is necessary for the hearing of the motion.

  • Marginal note:Respondent’s motion record

    (4) If the respondent seeks to rely on material that is not included in the applicant’s motion record, the respondent must file and serve a motion record on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

Marginal note:Briefs required

 Each party must file and serve a brief and a book of authorities on the other parties within the time limits set by the pre-trial conference judge or the case management judge.

Marginal note:Cross-examination on affidavits
  •  (1) Subject to the Code or any other applicable statute or rule of law, a person who has sworn or affirmed an affidavit may be cross-examined on the affidavit at the hearing of a motion with leave of the presiding judge.

  • Marginal note:Authority not affected

    (2) Nothing in these rules is to be construed so as to affect the authority of the judge who is hearing a motion to receive evidence through the examination of witnesses.

 
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