Criminal Rules, Practice Directives and Forms – Applications for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus, Procedendo and Prohibition

Supreme Court of Newfoundland and Labrador has jurisdiction to hear applications for orders in the nature of an order for certiorari, habeas corpus, mandamus, procedendo and prohibition in criminal proceedings.

Process Overview

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Relevant Statutes

Applications for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus, Procedendo and Prohibition, in criminal matters, are governed by Part XXVI of the Criminal Code of Canada, and the rules and practice directives listed below.

Rules of Procedure

The Supreme Court of Newfoundland and Labrador, pursuant to subsection 482(1) of the Criminal Code, has enacted the following rules governing applications for orders in the nature of Certiorari, Habeas Corpus, Mandamus, Procedendo and Prohibition, in criminal matters:

Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition

 

Practice Directives

The following Practice Directives currently apply to applications for orders in the nature of Certiorari, Habeas Corpus, Mandamus, Procedendo and Prohibition in criminal matters in the Supreme Court of Newfoundland and Labrador:

[There are currently no practice directives applicable.]

Forms

The Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition prescribe the following forms.

IMPORTANT NOTES:

*All original signatures must be in BLUE INK.

*To ensure your web browser is loading the most recent version of forms on this website, please refresh your browser by hitting the Shift + F5 keys after opening a form.

Notice of Application for an Order in the Nature of Certiorari Word Processor Version(English) Word Processor Version(French) PDF Version
Return of Documents Word Processor Version(English) Word Processor Version(French) PDF Version
Habeas Corpus Order Word Processor Version(English) Word Processor Version(French) PDF Version