C-25.1 - Code of Penal Procedure

Section 55 Disposition versions

1993-11-01

55. Before trial, the application must be made to a judge having jurisdiction to try the case in the judicial district where proceedings have been instituted; during trial, the application must be made to the judge trying the case, with his leave. The judge who hears the application may agree to act as the commissioner.

Prior notice of the application must be served on the adverse party unless both parties are before the judge. The notice must be filed in the office of the court of competent jurisdiction in the judicial district where proceedings have been instituted or the case is being tried, as the case may be.

Notwithstanding the foregoing, where the application is made by the defendant, prior notice may be given in accordance with the third paragraph of article 169.

1987, c. 96, a. 55.

1990-10-01

55. Before trial, the application must be made to a judge having jurisdiction to try the case in the judicial district where proceedings have been instituted; during trial, the application must be made to the judge trying the case, with his leave. The judge who hears the application may agree to act as the commissioner.

Prior notice of the application must be served on the adverse party unless both parties are before the judge. The notice must be filed in the office of the court of competent jurisdiction in the judicial district where proceedings have been instituted or the case is being tried, as the case may be.

In force: 1993-11-01

Notwithstanding the foregoing, where the application is made by the defendant, prior notice may be given in accordance with the third paragraph of article 169.

1987, c. 96, a. 55.