View source for Precedent - Various Defence Motions

{{HeaderTemplates}}
{{Precedent Terms of Use}}

==Application to Quash==
{|class="wikitable" style="width:650px; background-color:white; "
! NOTICE OF APPLICATION TO QUASH AN INDICTMENT OR INFORMATION
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause}}

{{TITLE|NOTICE OF APPLICATION TO QUASH|(Section 581 of the Criminal Code)}}

{{WHEREAS Charges}}

'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS:'''
# Authority set out in s. 581 of the Criminal Code.
# the [information/indictment] dated [date].
# [grounds consisting of reasons for granting the relief and alleged facts]
# ...
# Any additional grounds as counsel may advise and this Honourable Court may permit.

'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''

# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# ...
# Any additional evidence as counsel may advise and this Honourable Court may permit.

'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''

# An Order granting the application and quashing the [Indictment/Information] described above.

'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''

By service in accordance with the appropriate Rules of Court, 
{{CounselAddress}} 

{{DATED}}

{{CounselSignature}}

{{CarbonCopy}}

{{InternalCode}}
|-
! AFFIDAVIT (GENERIC)
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause}}

{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}

I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

# I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true.
# ...
{{SwornSignature}}

{{InternalCode}}
|}