Application for Severance (Precedent)
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Notice
Notice to Sever |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF APPLICATION TO SEVER COUNTS WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time] before a [indicate wether inferior/superior judge or a jury]. AND WHEREAS the Crown intends to call evidence from complainants AB, CD, and EF.
TAKE NOTICE that pursuant to s. 591(3) of the Criminal Code and common law set out in R v Last, 2009 SCC 45, the accused seeks to sever the counts on the informnation/indictment as follows:
THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS
THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
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Affidavit
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
– and –
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AFFIDAVIT OF [AFFIANT NAME]
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath/affirmation and say as follows that:
- I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
- ...
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