Vary Release Order (Precedent): Difference between revisions

Latest revision as of 21:39, 23 December 2024

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice

NOTICE OF APPLICATION
--> C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Applicant – and – HIS MAJESTY THE KING Respondent NOTICE OF APPLICATION *(Variation of [release order or undertaking] Pursuant to Section [x] of the Criminal Code)* 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; 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 [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 for [describe the type of order and terms of the order] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]

Affidavit

AFFIDAVIT

-->

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent

AFFIDAVIT OF [AFFIANT NAME]
'

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

I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

@@ Line 1: / Line 1: @@
 {{HeaderTemplates}}
-==Notice of Application==
+{{Precedent Terms of Use}}
-{|class="wikitable" style="width: 750px; background-color:white"
+==Notice==
+{|class="wikitable" style="width: 650px; background-color:white"
 ! NOTICE OF APPLICATION
 |-
-| style="width: 50%; vertical-align: top;" |
+| style="width: 50%; vertical-align: top;" |-->
 {{Style of Cause (Defence Application)}}
-{{TITLE|NOTICE OF APPLICATION|}}
+{{TITLE|NOTICE OF APPLICATION|(Variation of [release order or undertaking] Pursuant to Section [x] of the ''Criminal Code'')}}
+{{WHEREAS Charges}}
+{{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}}
+# [grounds consisting of reasons for granting the relief and alleged facts]
+# ...
+# Any additional grounds as counsel may advise and this Honourable Court may permit.
+{{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]
+# ...
+# Any additional evidence as counsel may advise and this Honourable Court may permit.
+{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}
+# An Order for [describe the type of order and terms of the order]
+{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}
+In accordance with the appropriate Rules of Court,
+{{CounselAddress}}
+{{DATED}}
+{{CounselSignature}}
+{{InternalCode}}
+|}
+<gdoc id="xx" width="750" height="1000" />
+==Affidavit==
+{|class="wikitable" style="width: 650px; background-color:white"
+! AFFIDAVIT
 |-
-| style="width: 50%; vertical-align: top;" |
+| style="width: 50%; vertical-align: top;" |-->
 {{Style of Cause (Defence Application)}}
-{{TITLE|NOTICE OF APPLICATION|}}
+{{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 have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
+# ...
+{{SwornSignature}}
+{{InternalCode}}
 |-
 |}
+<gdoc id="xx" width="750" height="1000" />