Commonwealth Numbered Regulations

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Interlocutory applications

Absence of party

             (1)  An interlocutory application may be heard and determined in the absence of a party if:

                     (a)  the application has been served on the party; and

                     (b)  the party does not appear.

Interlocutory applications if no approved form

             (2)  Subrules (3) and (4) apply if:

                     (a)  a party wants to make an interlocutory application in indictable primary proceedings or criminal appeal proceedings; and

                     (b)  these Rules do not otherwise provide for the application to be made in accordance with a particular approved form.

             (3)  The application may be made:

                     (a)  by filing an application in accordance with Form CP(I)16, accompanied by an affidavit stating briefly, but specifically, the facts that support the application; or

                     (b)  subject to any other provision of these Rules--orally at a hearing of the Court.

Note:          When the application is filed, a Registrar will fix a return date and place for hearing and endorse those details on the application or an accompanying notice.

             (4)  If an application is made in accordance with paragraph (3)(a), the party filing the application must serve a stamped copy of the application and the accompanying affidavit on any other party to the proceedings at least 3 days before the date fixed for the hearing of the application.

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