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

Version of section 40.03 from 2012-03-01 to 2013-12-31:

  •  (1) Any time limited by this rule may be extended or abridged by a judge, before or after the expiration of the time prescribed, in accordance with rule 3.02, except that the time limited by subrule 40.16(1) for making an application under subsection 822(4) of the Code shall not be extended pursuant to rule 3.02.

  • (2) Any party to an appeal or the clerk of the appeal court may apply to a judge for directions regarding the appeal, on notice to every other party.

Notice
  • (3) Except in an inmate appeal, notice of an application to extend or abridge the time limit or for directions, unless on consent or otherwise ordered by a judge, shall be served on every other party or as otherwise specified by this rule.

  • (4) Where an extension or abridgement of time relating to an inmate appeal is granted by a judge, the endorsement to that effect shall constitute an order extending or abridging the time.

  • (5) Except for an application for release from custody under section 816 of the Code, any order provided for in rules 40-42 may be made with the consent in writing of the parties, without the attendance of counsel.

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