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Nov Advocate 2017

THE ADVOCATE 911 VOL. 75 PART 6 NOVEMBER 2017 (b) for cases initiated by direct indictment, within nine months of the accused person’s first appearance in the Court. 43. Generally, the case management judge will conduct the application screening conference. 44. For cases with no voir dires or pre-trial applications, or where they are few and their organization and scheduling has been settled in case management conferences, the case management judge may decide that an application screening conference is not necessary. 45. Application screening conferences will usually be longer than can be scheduled for the periods before or after normal court hours. Counsel should therefore have time available in their calendars for the application screening conference to be heard during normal court hours. Notice of Voir Dires or Pre-Trial Applications 46. At least 14 days before the application screening conference, the parties are to deliver to the other party and the Court written notice of each voir dire or pre-trial application they wish the Court to hear in the case. The written notice is to set out in detail (a) the relief sought (b) the basis in law on which it is sought (c) the facts on which the applicant relies (d) an overview of the evidence proposed to be adduced in support of the application, including the form of the evidence (for example, viva voce evidence, affidavits, agreed statements of fact, statements of counsel), and (e) the time estimate for the voir dire or pre-trial application, and an explanation for the basis of the estimate (by reference to, for example, the direct examination and the cross-examination of each witness, submissions, etc.). Some applications (such as those engaging the Constitutional Question Act, or those involving third-party records-holders) require notice to additional parties. Any such additional parties are also to receive the material described in paragraph 46 at least 14 days before the application screening conference at which the application will be considered under paragraph 47. Judge’s Role at the Application Screening Conference 47. The judge at the application screening conference, will generally (a) determine which voir dires and pre-trial applications will be heard


Nov Advocate 2017
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