Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Trial callover memoranda

88: Information to be provided in trial callover memoranda

You could also call this:

"What to include in a trial callover form before a court trial"

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When you are involved in a trial, you need to fill out a document called a trial callover memorandum. If you are the prosecutor, your document must include some important information. You must say if you plan to make any pre-trial applications, how many witnesses you will call, and how long you think your part of the trial will take. You must also include any other information that the rules of court say you need to provide.

If you are the defendant, your trial callover memorandum must also include some specific information. You must say if you agree to any facts under section 9 of the Evidence Act 2006. You must also give an idea of what facts or issues you will or won't dispute during the trial. You need to tell the court if you plan to make any pre-trial applications, how many witnesses you will call, and how long you think your part of the trial will take.

You must include any other information that the rules of court require you to provide when filling out your trial callover memorandum, whether you are the prosecutor or the defendant.

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87: Trial callover memoranda to be filed in trial court, or

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Part 3Procedure before trial
Provisions applying only to jury trial procedure: Trial callover memoranda

88Information to be provided in trial callover memoranda

  1. A trial callover memorandum filed by the prosecutor must contain the following information:

  2. notice of any pre-trial applications that the prosecutor intends to make; and
    1. the number of witnesses proposed to be called, the estimated duration of the prosecution case, and any other information in relation to the management of the trial that is required by rules of court; and
      1. any other information required by rules of court.
        1. A trial callover memorandum filed by the defendant must contain the following information:

        2. any admissions the defendant makes under section 9 of the Evidence Act 2006:
          1. any indication the defendant wishes to give of—
            1. any fact (not being a fact to which paragraph (a) refers) that the defendant will, or will not, dispute at the trial; and
              1. any issue that the defendant will, or will not, dispute at the trial or on which the defendant intends to rely at the trial:
              2. notice of any pre-trial applications that the defendant intends to make:
                1. the number of witnesses proposed to be called, the estimated duration of the defence case, and any other information in relation to the management of the trial that is required by rules of court:
                  1. any other information required by rules of court.