DISTRICT COURT RULES 1973 - SECT 53.10 Pre-trial applications

DISTRICT COURT RULES 1973 - SECT 53.10

53.10 Pre-trial applications

(1) Any application to the Court in relation to any proceedings which may practicably be made before the day appointed for the hearing of the proceedings shall be made before that day.

(2) An application may be made, and the Court may make orders with regard to the application, before the day appointed for the hearing, where the application is:

(a) for adjournment,

(ai) to seek or to give any admission or consent,

(b) to quash or stay an indictment,

(c) to demur to an indictment,

(d) for separate trials,

(e) for severance of counts,

(f) for change of venue,

(g) to set aside a subpoena,

(gi) for leave to withdraw an appeal under section 67 of the Crimes (Appeal and Review) Act 2001 ,

(h) for directions generally,

(i) for an order under the Bail Act 1978 , or

(j) for an order under rule 11 (1).

(3) Subject to subrule (4), an application referred to in subrule (1) shall be made by filing notice of motion supported, unless the Court otherwise orders, by an affidavit or affidavits as to the facts and grounds upon which the application is made.

(4) A party may make an application referred to in subrule (1) without previously filing or serving notice of the motion:

(a) where the preparation of the notice, or the filing or service of the notice (as the case may be), would cause undue delay or other mischief to the applicant,

(b) where no date has been fixed for the hearing of the proceedings, or of any proceedings ancillary to the proceedings, and all parties to the proceedings consent to the order applied for, or

(c) where the Court gives leave to the party so to do.

(5) Notice of a motion shall:

(a) state the date and time when, and the place where, the motion is to be made, that date, time and place having been obtained by the applicant from the registrar,

(b) where the Court has made an order under subrule (6), bear a note of the order made,

(c) state concisely the nature of the order sought, and

(d) state concisely the grounds on which the order is sought, or refer to the affidavit in which those grounds are contained.

(6) Unless the Court otherwise orders, a party filing a notice of motion shall serve the notice, and every affidavit in support of the motion, on each other party to the proceedings not less than 3 days before the date fixed for the motion.

(7) An application referred to in subrule (1) in relation to any proceedings which are expected to be heard at a place where the Court does not usually sit on every Court day may be made in Sydney.