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

Regulations are current to 2024-03-06 and last amended on 2016-10-01. Previous Versions

PART 3Case Management (continued)

Rule 12 — Pre-trial Conferences (continued)

Pre-trial Conference Briefs (continued)

Marginal note:Filing and service by accused

  •  (1) At least seven days before the date scheduled for the pre-trial conference, unless a judge directs otherwise, counsel for an accused or a self-represented accused must file and serve a completed pre-trial conference brief in Form 4 of the schedule on

    • (a) the prosecutor;

    • (b) counsel for any other accused; and

    • (c) any self-represented accused.

  • Marginal note:Mandatory filing and service by accused

    (2) Counsel for each accused and any self-represented accused must file and serve a pre-trial conference brief even if the prosecutor has failed to file and serve a pre-trial conference brief or has otherwise failed to comply with this rule.

  • Marginal note:Contents of brief

    (3) The pre-trial conference brief must state the party’s position on each issue and must not indicate “will advise”, “not as yet” or words of similar effect.

Marginal note:Change of position

  •  (1) If a party changes any position taken and recorded in the pre-trial conference brief, the party must give written notice of the change to the other parties and the pre-trial conference judge.

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

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

  • Marginal note:Changes regarding counsel

    (3) If, after the pre-trial conference has been completed, an accused retains new counsel, an accused who was self-represented retains counsel, or an accused who was represented by counsel is no longer represented by any counsel, the new counsel, or the self-represented accused, must

    • (a) review the pre-trial conference brief previously filed and the pre-trial conference memorandum prepared by the pre-trial conference judge; and

    • (b) give written notice of any changes in position to the other parties and the pre-trial conference judge.

  • Marginal note:Further pre-trial conference

    (4) Despite rule 12.10, the pre-trial conference judge may direct that a further pre-trial conference be held if

    • (a) the accused is no longer represented by counsel;

    • (b) a party has changed his or her position from the position taken in the most recent pre-trial conference brief; or

    • (c) a party has failed to file a trial readiness report, as required by rule 17.01.

Pre-trial Conferences

Marginal note:Self-represented accused

  •  (1) If an accused is self-represented at a pre-trial conference,

    • (a) the pre-trial conference must be held in a courtroom that is closed to the public;

    • (b) the pre-trial conference must be recorded but must not be published, broadcast or transmitted in any way, except by order of the pre-trial conference judge; and

    • (c) a transcript of the pre-trial conference may only be requested by a party to the proceeding or by a judge.

  • Marginal note:Confidentiality of information in transcript

    (2) If a transcript has been requested under paragraph (1)(c), information contained in it must not be published, broadcast or transmitted in any way except with notice to the other parties and the written approval of the pre-trial conference judge or, if he or she is not available, another judge.

Marginal note:Attendance at pre-trial conference

 Unless the pre-trial conference judge or another judge directs otherwise, the following persons must attend the pre-trial conference and be in a position to make commitments on behalf of the party whom each represents on issues that are reasonably anticipated to arise from the contents of the pre-trial conference briefs:

  • (a) counsel who will be representing each accused at the trial or, if an accused is self-represented, the accused; and

  • (b) the prosecutor.

Marginal note:Inquiries by pre-trial conference judge

 The pre-trial conference judge must inquire about and discuss any matter that may promote a fair and expeditious hearing of the charges contained in the indictment, including

  • (a) any issues that arise from the contents of the pre-trial conference briefs;

  • (b) the issues in dispute between the parties;

  • (c) the possibility of making admissions of fact or other agreements about uncontested issues or the evidence of witnesses;

  • (d) the simplification of any issues that remain in controversy;

  • (e) the resolution of any outstanding disclosure issues;

  • (f) the nature and particulars of any pre-trial motion or application, including whether evidence on the motion or application will be provided by agreed statements of facts, excerpts of transcripts of the preliminary inquiry, affidavits, “will states” or otherwise than by the testimony of witnesses;

  • (g) the estimated length of pre-trial hearings and trial proceedings;

  • (h) the possibility that the prosecutor may reduce the number of counts in the indictment to facilitate jury comprehension and promote a fair, just and expeditious trial;

  • (i) the manner in which evidence may be presented at trial to facilitate jury comprehension; and

  • (j) whether counsel are of the opinion that, for the proper administration of justice, it is necessary to have a case management judge appointed in accordance with section 551.1 of the Code.

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.

Rule 15 — Constitutional Issues

Marginal note:Application

 Rules 15.02 to 15.07 apply if the constitutional validity or constitutional applicability of any enactment or common law rule is challenged or an application is made for a remedy under subsection 24(1) of the Charter.

Marginal note:Notice of motion

  •  (1) An application under rule 15.01 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

 The notice of motion must state the matters set out in rule 14.03 and state whether the applicant seeks to have the motion heard in advance of the trial.

 

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