Commonwealth Consolidated Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 - RULE 1.31

Termination of retainer by lawyer

  (1)   If a lawyer who is acting for a party to criminal proceedings terminates the retainer, the lawyer must:

  (a)   serve on the party a notice of intention of ceasing to act, in accordance with Form CP8; and

  (b)   at least 7 days after serving the notice--file a notice of ceasing to act in accordance with Form CP6.

  (2)   A party whose lawyer has filed a notice of ceasing to act must file a notice of address for service for the party no later than 5 days after the day the lawyer filed the notice of ceasing to act.

Note:   For the form of the notice of address for service, see rule   1.38.

  (3)   If a notice of ceasing to act or a notice of address for service is filed in accordance with this rule, the person who files it must, as soon as practicable, serve a stamped copy of the notice on each party, or each other party, to the proceedings.

Note:   Testimony in criminal proceedings is, subject to certain exceptions, required to be given orally rather than by affidavit--see subsection   47(8) of the Act. The Rules in this Division apply if the Act or these Rules allow evidence to be given by affidavit.


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