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C-25.1, r. 0.1 - Regulation of the Court of Appeal of Québec in penal matters
Section 48
Disposition versions
48. Service and notice of presentation. A motion must be accompanied by a notice of presentation and its schedules and be served and filed at the office of the Court at least 5 working days before its presentation date in the case of a motion presented to the Court, and at least 2 working days before the presentation date in the case of a motion presented to a judge. In addition to the date and time, the notice of presentation must specify the courtroom in which the motion will be presented. An application for release from custody made under article 298 of the Code of Penal Procedure (chapter C-25.1) must be served on the prosecutor and filed at the office of the Court with at least one working day’s notice before its presentation date.
Motion to dismiss. A motion presented by the prosecutor to dismiss an appeal must be served on the appellant and, if applicable, on the appellant’s counsel in the manner provided unless a judge orders otherwise, in particular if the recipient cannot be located.
In force: 2019-12-26
48. Service and notice of presentation. A motion must be accompanied by a notice of presentation and its schedules and be served and filed at the office of the Court at least 5 working days before its presentation date in the case of a motion presented to the Court, and at least 2 working days before the presentation date in the case of a motion presented to a judge. In addition to the date and time, the notice of presentation must specify the courtroom in which the motion will be presented. An application for release from custody made under article 298 of the Code of Penal Procedure (chapter C-25.1) must be served on the prosecutor and filed at the office of the Court with at least one working day’s notice before its presentation date.
Motion to dismiss. A motion presented by the prosecutor to dismiss an appeal must be served on the appellant and, if applicable, on the appellant’s counsel in the manner provided unless a judge orders otherwise, in particular if the recipient cannot be located.
