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CRIMINAL PRACTICE RULES 1999 - REG 42
Application for direction or ruling
42 Application for direction or ruling
(1) The party must apply to the court for the direction or ruling.
(2) The
application must state— (a) the nature of the direction or ruling sought;
and
(b) whether a witness or anyone else is required to attend the hearing of
the application.
(3) The party must serve a copy of the application on each
other party at least 2 clear business days before the day on which the
application is to be heard (the
"hearing day" ).
(4) However, if the parties agree, the application may be
served later than 2 clear business days before the hearing day.
(5) Subrule
(4) does not apply if the direction or ruling sought is about 1 or more of the
following— (a) quashing or staying the indictment;
(b) joining
accused persons or charges;
(c) deciding questions of law, including the
admissibility of evidence and steps to be taken if evidence is inadmissible;
(d) the psychiatric or other medical examination of the accused person;
(e)
referring the accused person to the Mental Health Court.
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