629Hearing on return of general orders

629 Hearing on return of general orders

(1)  This rule applies to a hearing on the return of the general order.

(2)  The prosecutor may use any affidavit filed by the prosecutor and served in accordance with rule 625(1) , whether or not the affidavit was used on the making of the application under rule 623 .

(3)  Any person heard, other than the prosecutor, may use any affidavit filed by that person and served –

(a) on the prosecutor; and

(b) on any person who has filed a notice under rule 626(1) at least 4 clear days before the return of the general order.

(4)  Notwithstanding the provisions of subrules (2) and (3) , the Court or a judge may permit any other affidavit to be used on any terms as the Court or judge thinks fit.

(5)  A person at the hearing is not to rely on any ground other than a ground set out in the general order under rule 624(1)(d) or allowed under subrule (6) .

(6)  The Court or judge by order may allow the prosecutor to rely on a ground different from, or additional to, any ground stated in the general order on any terms as the Court or judge thinks fit.

(7)  A person seeking to be heard in opposition and who has not been served with the general order may be heard if that person –

(a) files a notice of intention to appear; and

(b) appears to the Court or judge to be a proper person to be heard.

(8)  A notice of intention to appear is to be in accordance with the prescribed form.

(9)  [Rule 629 Subrule (9) amended by S.R. 2011, No. 26, Applied:20 Apr 2011] The Court or judge may dispose of the costs of the proceedings and of any order made either by final judgment or by separate order.