Criminal Practice Rules 1999

The party must apply to the court for the direction or ruling.

The application must state—

the nature of the direction or ruling sought; and

whether a witness or anyone else is required to attend the hearing of the application.

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).

However, if the parties agree, the application may be served later than 2 clear business days before the hearing day.

Subrule (4) does not apply if the direction or ruling sought is about 1 or more of the following—

quashing or staying the indictment;

joining accused persons or charges;

deciding questions of law, including the admissibility of evidence and steps to be taken if evidence is inadmissible;

the psychiatric or other medical examination of the accused person;

referring the accused person to the Mental Health Court.