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Court Procedures Rules
4753Supreme Court criminal proceedings—applications under
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4753 Supreme Court criminal proceedings—applications under
r 4750, r 4751 and r 4752
(1) This rule applies to an application under any of the following rules:
• rule 4750 (Supreme Court criminal proceedings—application to
set aside or stay proceeding)
• rule 4751 (Supreme Court criminal proceedings—application for
separate trials)
• rule 4752 (Supreme Court criminal proceedings—other pre-trial
(a) state the party making the application; and
(b) state briefly the order (or orders) sought; and
Supreme Court criminal proceedings—pre-trial applications Division 4.3.5
Rule 4753
(c) state briefly particulars of the grounds relied on that are
sufficient for any other party to decide whether to call evidence
to resolve the issues raised; and
(d) state briefly any questions of law; and
(e) be supported by an affidavit filed with the application stating—
(i) any evidence necessary to establish the grounds of the
(ii) any evidence that the applicant wants the court to receive.
(3) A stamped copy of the application and any supporting affidavits must
be served on all other parties as soon as possible after the notice is
filed but at least 14 days before the date set for the trial to which the
(4) This rule is subject to rule 4750 (2) (Supreme Court criminal
proceedings—applications to set aside or stay proceedings).
(5) If the trial date has been set, the trial date may be set as the return date
for the application and the application may be heard by the court
immediately before the trial starts.
Rule 4800