Precedent - Testimony by Videoconference: Difference between revisions
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{{Style_of_Cause_Header}} | |||
'''IN THE MATTER''' of an Application under section 714.1 of the ''Criminal Code'' | |||
''' | <center>'''– and –'''</center> | ||
< | |||
''' | |||
<center> | |||
{{Style of Cause Between}} | |||
{{TITLE|NOTICE OF APPLICATION|(Pursuant to section 714.1)}} | |||
{{TITLE|NOTICE OF APPLICATION|}} | |||
{{WHEREAS Charges}} | {{WHEREAS Charges}} | ||
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{{WHEREAS Trial}} | {{WHEREAS Trial}} | ||
'''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]. | {{I-Start}}'''AND WHEREAS''' the Crown seeks to call [name of witness] as a witness in the upcoming trial.{{I-End}} | ||
{{I-Start}}'''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].{{I-End}} | |||
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}} | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}} | ||
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# Any additional grounds as counsel may advise and this Honourable Court may permit. | # 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:''' | {{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}} | ||
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] | # [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] | ||
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# Any additional evidence as counsel may advise and this Honourable Court may permit. | # Any additional evidence as counsel may advise and this Honourable Court may permit. | ||
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:''' | {{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} | ||
# An Order | # An Order permitting [name of witness] to testify by means of videoconference under the following conditions: | ||
## From a provincial or superior court in a province or territory of Canada. | |||
'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:''' | |||
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}} | |||
In accordance with the appropriate Rules of Court, | In accordance with the appropriate Rules of Court, | ||
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==Order== | ==Order== | ||
{|class="wikitable" style="width:650px; background-color:white; " | {|class="wikitable" style="width:650px; background-color:white; " | ||
! DRAFT | ! DRAFT TESTIMONY ORDER | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" | | ||
{{Style of Cause | {{Style of Cause}} | ||
{{TITLE|ORDER TO TRANSPORT A PRISONER|(Pursuant to Section 714.1 of the ''Criminal Code'')}} | |||
'''BEFORE THE HONOURABLE''' Judge/Justice __________________________ at [city], [province]. | {{I-Start}}'''BEFORE THE HONOURABLE''' Judge/Justice __________________________ at [city], [province]. {{I-End}} | ||
'''UPON''' the Application of counsel for [party] for an order pursuant to section 527 of the ''Criminal Code'' that ....; | {{I-Start}}'''UPON''' the Application of counsel for [party] for an order pursuant to section 527 of the ''Criminal Code'' that ....; {{I-End}} | ||
{{WHEREAS Charges}} | {{WHEREAS Charges}} | ||
'''AND UPON IT APPEARING''' that the accused is required to appear before [a Justice/Judge] [name, if available] presiding at [court house], [address], Province of [province], on '''[date], at the hour of [time]''' for the [type of hearing]. | {{I-Start}}'''AND UPON IT APPEARING''' that the accused is required to appear before [a Justice/Judge] [name, if available] presiding at [court house], [address], Province of [province], on '''[date], at the hour of [time]''' for the [type of hearing].{{I-End}} | ||
'''AND WHEREAS''' I am satisfied that the ends of justice require that this Order be made; | {{I-Start}}'''AND WHEREAS''' I am satisfied that the ends of justice require that this Order be made;{{I-End}} | ||
'''IT IS HEREBY ORDERED''' that you, the Superintendent of the [name of the facility] deliver said accused into the custody of the [high sheriff or peace officer, as the case may be], bearing a copy of this Order; | {{I-Start}}'''IT IS HEREBY ORDERED''' that you, the Superintendent of the [name of the facility] deliver said accused into the custody of the [high sheriff or peace officer, as the case may be], bearing a copy of this Order;{{I-End}} | ||
'''FURTHER, IT IS HEREBY ORDERED''' that you, the [sheriff or peace officer], bring the accused to the Courthouse identified herein, to be present there for the aforesaid purpose and thereafter return the accused to the aforesaid detention facility unless otherwise ordered by this Honourable Court. | {{I-Start}}'''FURTHER, IT IS HEREBY ORDERED''' that you, the [sheriff or peace officer], bring the accused to the Courthouse identified herein, to be present there for the aforesaid purpose and thereafter return the accused to the aforesaid detention facility unless otherwise ordered by this Honourable Court.{{I-End}} | ||
{{DATED}} | {{DATED}} |
Latest revision as of 19:31, 16 September 2021
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Long Distance Testimonial Aids
Notice
NOTICE OF APPLICATION TO TRANSPORT PRISONER |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER of an Application under section 714.1 of the Criminal Code BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] NOTICE OF APPLICATION WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. AND WHEREAS the Crown seeks to call [name of witness] as a witness in the upcoming trial. 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 FOLLOW GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
<gdoc id="1lilR6kjye8TJplSFNtQ1sEcRNob-6xRTmHd-TrRbJ0s" width="750" height="1000" />
Affidavit
AFFIDAVIT (TRANSPORT) |
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C A N A D A File# ________________
– and – BETWEEN:
AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
<gdoc id="12FHpFMXDrzhzyORgyMqabXBe-VKD-7UVYeavmCPct20" width="750" height="1000" />
Order
DRAFT TESTIMONY ORDER |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
ORDER TO TRANSPORT A PRISONER BEFORE THE HONOURABLE Judge/Justice __________________________ at [city], [province]. UPON the Application of counsel for [party] for an order pursuant to section 527 of the Criminal Code that ....; WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND UPON IT APPEARING that the accused is required to appear before [a Justice/Judge] [name, if available] presiding at [court house], [address], Province of [province], on [date], at the hour of [time] for the [type of hearing]. AND WHEREAS I am satisfied that the ends of justice require that this Order be made; IT IS HEREBY ORDERED that you, the Superintendent of the [name of the facility] deliver said accused into the custody of the [high sheriff or peace officer, as the case may be], bearing a copy of this Order; FURTHER, IT IS HEREBY ORDERED that you, the [sheriff or peace officer], bring the accused to the Courthouse identified herein, to be present there for the aforesaid purpose and thereafter return the accused to the aforesaid detention facility unless otherwise ordered by this Honourable Court. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [Internal File Coding] |
<gdoc id="1mbsLJNIW-kQR_R-p30P1-fjBllVVOKIsv5Xwpb722MI" width="750" height="1000" />