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C-25.1, r. 0.1 - Regulation of the Court of Appeal of Québec in penal matters
Section 55
Disposition versions
55. Motion to admit new evidence. A party seeking leave to admit new evidence under the second paragraph of article 312 of the Code of Penal Procedure (chapter C-25.1) must first present a motion setting forth how the party exercised due diligence in obtaining the evidence and how it is relevant, credible and, if believed, likely to affect the result.
Notice and procedure. A party presenting such a motion must inform the other parties as soon as possible and attempt to secure an agreement on the timetable and procedure for the exchange of relevant documents and for cross-examinations, if applicable. The proposed timetable and procedure must be submitted to the Court.
Two-stage determination. Once seized of the motion, the Court first permits or refuses the gathering of the proposed evidence and determines, if applicable, the procedure and timetable according to which the evidence will be gathered and any cross-examinations undertaken. Once seized of the appeal on the merits, the Court then decides the admissibility of the evidence.
In force: 2019-12-26
55. Motion to admit new evidence. A party seeking leave to admit new evidence under the second paragraph of article 312 of the Code of Penal Procedure (chapter C-25.1) must first present a motion setting forth how the party exercised due diligence in obtaining the evidence and how it is relevant, credible and, if believed, likely to affect the result.
Notice and procedure. A party presenting such a motion must inform the other parties as soon as possible and attempt to secure an agreement on the timetable and procedure for the exchange of relevant documents and for cross-examinations, if applicable. The proposed timetable and procedure must be submitted to the Court.
Two-stage determination. Once seized of the motion, the Court first permits or refuses the gathering of the proposed evidence and determines, if applicable, the procedure and timetable according to which the evidence will be gathered and any cross-examinations undertaken. Once seized of the appeal on the merits, the Court then decides the admissibility of the evidence.
