Form 18 (CSR-650.01) – Designation of Counsel

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 18 (CSR-650.01) – Designation of Counsel?

Form 18 (CSR-650.01) is a prescribed court form used in Ontario’s Superior Court of Justice for criminal matters. You use it to formally designate a lawyer as your counsel of record and to authorize that lawyer to appear for you under section 650.01 of the Criminal Code. It places your lawyer’s name and contact information on the court record and confirms that you consent to your lawyer appearing in your absence for eligible proceedings.

You typically use this form once your case is in the Superior Court of Justice. That may be after an indictment, a preferred indictment, or when a Superior Court application or motion has been started in your criminal matter. The form is part of the Criminal Proceedings Rules used by the Superior Court of Justice. Filing it helps the court, the Crown, and court administration know who speaks for you and where to send documents.

Who typically uses this form?

Accused persons with pending Superior Court criminal proceedings. That includes individuals on release, individuals in custody, and corporations charged with an offence. For individuals, the form supports appearances by counsel under section 650.01 for appearances where the judge does not require you to attend in person. For a corporate accused, it confirms who is authorized to act and to accept service on the corporation’s behalf.

Why would you need this form?

It saves you from attending court for routine scheduling and case management steps in the Superior Court. It authorizes your lawyer to stand in, speak to adjournments, set dates, and receive documents. It also ensures that all future court notices, scheduling directions, and materials are served on your lawyer, not you. That reduces the risk of missed communications and wasted appearances.

Typical scenarios include assignment court appearances after committal for trial, judicial pretrials and case conferences where personal attendance is not required, scheduling motions, speaking to disclosure issues, or addressing next steps before a trial date is fixed. If you are in custody, it lets your lawyer deal with set dates without transporting you to court. If you live out of town, it can prevent repeated travel for short appearances. If you are a corporate accused, it establishes counsel of record so the case can move forward through your lawyer.

The form is straightforward. You identify yourself, name your lawyer, provide contact information for your lawyer, and sign to confirm the designation. Your lawyer usually signs to accept the designation. You then file it with the Superior Court of Justice location handling your case and serve a copy on the Crown. Once filed, your lawyer is counsel of record and can appear for you for eligible matters unless a judge requires your personal attendance.

When Would You Use a Form 18 (CSR-650.01) – Designation of Counsel?

You use this form when your criminal case is before the Superior Court of Justice, and you want your lawyer to appear on your behalf for eligible appearances. For example, you have been committed for trial, and your case has reached the Superior Court assignment court. You do not need to be in court for each set-date appearance. Filing a designation lets your lawyer speak to scheduling, disclosure issues, and adjournments while you continue with work or personal commitments. The court can proceed because your written consent is on file.

Another common situation is a judicial pretrial. Many judicial pretrials in the Superior Court are counsel-only. The judge expects your lawyer to have instructions and authority to discuss issues, timing, and resolution. The designation confirms that authority for the purposes of attending in your absence. It also ensures notices and directions from the court reach your lawyer directly.

If you are in custody at a detention centre, routine appearances can be time-consuming. A filed designation allows your lawyer to manage many scheduling steps without bringing you to court for a short appearance. You still attend in person for a plea, a trial, a preliminary inquiry with evidence, or sentencing. But for set dates and case management, your lawyer can proceed without you.

If you are a corporate accused, the form clarifies who is authorized to appear for the corporation and accept service. Corporations act through lawyers or agents. The court relies on filed designations to manage communications and to recognize counsel of record. It also reduces delays caused by uncertainty around who represents the corporation.

You also use the form when you change lawyers. Filing a new designation helps transition representation in the Superior Court. It alerts the court and the Crown that your new lawyer is now counsel of record and should receive all future materials and scheduling communications. This avoids misdirected service and missed deadlines.

Finally, you may use it in support of a motion or application in the Superior Court arising from your criminal case. For example, you bring a Charter application, or your lawyer schedules a motion about disclosure. The designation ensures your lawyer can attend, speak to the matter, and accept service of responding materials. The court record will reflect that your lawyer is the proper contact.

Legal Characteristics of the Form 18 (CSR-650.01) – Designation of Counsel

This form is legally effective because the Criminal Proceedings Rules require prescribed forms for steps in the Superior Court, and section 650.01 of the Criminal Code recognizes appearances by counsel in an accused’s absence for eligible proceedings. By filing the designation, you give written authorization for your lawyer to appear on your behalf when the law and the judge permit. The court relies on that authorization to manage the case efficiently.

The form is binding in two important ways. First, it establishes counsel of record. Once your lawyer is designated and the form is filed, service on your lawyer counts as service on you for Superior Court purposes. That drives deadlines, responses, and scheduling. If your lawyer receives materials, the court treats you as having received them. Second, it confirms that you consent to your lawyer appearing in your absence where permitted. The judge can proceed on routine matters without your consent, knowing your consent is documented.

Enforceability rests on three elements. It is a prescribed form used in the court that will act on it. It is in writing and signed by you, which demonstrates informed authorization. And it is filed on the court record and shared with the Crown, which ensures everyone knows who represents you and where to serve documents. Those steps give the court confidence that your lawyer’s actions within the scope of the designation are binding on you.

There are limits. The form does not let your lawyer do what the law requires you to do personally. You must attend to enter a plea, to hear and respond to evidence at a preliminary inquiry, to stand trial, and for sentencing, unless the court orders otherwise or a specific statutory exception applies. A judge may also direct that you attend personally for other steps, and that direction overrides the designation for that appearance. The designation does not waive your right to be present when the law requires it, nor does it force the judge to proceed without you. It simply enables your lawyer to appear for you where the law and the court allow.

The designation can be changed or withdrawn. If you retain a different lawyer, you would file a new designation and notify the court and the Crown of the change. If your lawyer seeks to be removed as counsel of record, the lawyer must follow the proper process, which usually involves notice and, if necessary, a court order. Until a change is completed on the record, service on the existing counsel of record remains effective, and your lawyer remains responsible for steps in the case.

For a corporate accused, the legal effect is broader in practice because a corporation appears through counsel or an agent. The designation confirms the corporation’s representative and ensures service and appearances are managed through that representative. The judge may still require the attendance of a corporate representative for specific purposes, but day-to-day steps proceed through counsel.

Finally, you should know that a designation does not expand your lawyer’s authority beyond your instructions and the law. Your lawyer must still act on your instructions. The court treats counsel’s procedural steps as binding on you, but substantive decisions—such as a plea or admissions—require your personal involvement unless the court directs otherwise.

How to Fill Out a Form 18 (CSR-650.01) – Designation of Counsel

Follow these steps to complete and file the form correctly.

1) Confirm your case is in the Superior Court of Justice.

• Check your paperwork to confirm the court level. You use this form for Superior Court criminal proceedings. If your case is still in the Ontario Court of Justice, use the forms for that court instead.

2) Get the correct court file information.

• Locate the Superior Court file number. It may be labeled as the indictment number or a Superior Court file number.
• Confirm the style of cause. It should appear as “Her Majesty the King v. [Your Full Name]” or the current equivalent format.

3) Enter the court location and details.

• Write the name of the Superior Court courthouse handling your case.
• Include the city and region, as shown on your court documents or scheduling notices.

4) Identify yourself as the accused.

• Print your full legal name as it appears on your charge documents.
• If there are multiple accused, ensure the form clearly identifies you. Each accused files a separate form for their own designation.

5) For the corporate accused, add corporate details.

• Use the corporation’s full legal name as registered.
• Include the corporation’s address and, if available, the corporation number.
• The person signing for the corporation should state their role (for example, Director, Officer, or Authorized Signatory). Make sure the signer has the authority to bind the corporation.

6) Name your designated lawyer.

• Provide your lawyer’s full name as licensed in Ontario.
• Include the Law Society number if available.
• Provide the firm name, mailing address, email address, and phone number. The court and Crown will use these details for service.

7) State the designation clearly.

• The form contains standard wording that you are designating your lawyer under section 650.01 to appear on your behalf where permitted.
• Do not alter the standard language. The court expects the prescribed wording.

8) Acknowledge the limits of counsel’s appearance.

• The form typically notes that your lawyer may appear for you in your absence except for proceedings that require your personal attendance.
• Understand that you must still attend for a plea, trial, preliminary inquiry with evidence, and sentencing unless the court directs otherwise.

9) Sign and date the form.

• Sign in ink or electronically if local practice allows. Use the date you sign.
• Print your name under your signature.
• If you are a corporate accused, the authorized signatory signs and includes their title.

10) Obtain your lawyer’s acceptance.

• Many court offices expect the lawyer to sign the form to accept the designation and confirm contact information.
• Ask your lawyer to sign before filing. This avoids filing delays.

11) Prepare additional pages if needed.

• If you need to list alternate contact details for your lawyer, attach a page and label it as an attachment to the form.
• If a corporate resolution or authorization letter exists, attach it for clarity, especially for the corporate accused.

12) Make copies.

• Prepare at least three copies: one for filing, one for the Crown, and one for your records. Your lawyer will also retain a copy.

13) File the form with the Superior Court of Justice.

• File at the courthouse where your Superior Court case is being managed.
• Check local practice for filing methods. Some locations accept filing in person, by email through the criminal intake office, or via another approved channel.
• Ask the clerk to stamp your copy as filed if you attend in person. Keep that stamped copy.

14) Serve the Crown Attorney.

• Provide a filed copy to the Crown office handling your case.
• Use the service method accepted by the local Crown office. Email service is common, where permitted, or deliver a hard copy if required.
• Keep proof of service. Save the delivery email or obtain a date stamp on a hard copy.

15) Verify the court record.

• Confirm that the docket lists your lawyer as counsel of record.
• If the docket still lists you as self-represented after filing, contact the court office to correct the record before the next appearance.

16) Give instructions to your lawyer.

• The designation authorizes appearance, but your lawyer still needs your instructions.
• Confirm your availability for court dates and any conditions that affect scheduling.
• Discuss whether the judge may require you to attend for specific steps.

17) Bring your ID to any required in-person filing.

• If you appear at the courthouse to file, carry identification. Clerks sometimes ask for confirmation of identity.

18) Keep your contact details current.

• If your contact information changes, notify your lawyer immediately.
• Your lawyer must receive court notices and Crown materials on time. Delays can cause missed deadlines.

19) Update the designation if you change lawyers.

• If you retain new counsel, complete and file a new designation promptly.
• Serve the Crown with the updated designation. Ask the court to update the docket before the next appearance.

20) Understand what the form does not do.

• It does not authorize your lawyer to enter a guilty plea for you in your absence unless the court permits it and the law allows it.
• It does not excuse you from attending mandatory appearances.
• It does not replace any bail conditions or other court orders. You must comply with those regardless of the designation.

Practical tips

• Complete the form well before the next court date. This avoids confusion on the docket and allows your lawyer to appear without issue.
• Use accurate, legible information. Mistakes with names or file numbers can lead to rejected filings or misdirected service.
• Confirm email acceptance with both the court and the Crown if you are filing or serving electronically. Ask your lawyer about local requirements.
• If you are in custody, ask your lawyer to file the designation early. That helps reduce unnecessary remand appearances.

Examples

• You live three hours from the courthouse, and your case is in assignment court. You file the designation so your lawyer can speak to disclosure and set dates without requiring you to travel for a five-minute appearance.
• You are a corporation charged with an environmental offence. Your general counsel signs the form designating external counsel. The court and Crown then send all scheduling notices to your external counsel, who appears for all steps.
• You are in custody awaiting a trial date. The designation allows your lawyer to manage set dates and scheduling while you remain at the detention centre, reserving your attendance for substantive steps.

Completing and filing Form 18 (CSR-650.01) is a small step that prevents big headaches. It ensures your lawyer is recognized as counsel of record in the Superior Court, keeps communication flowing, and lets your case move forward without unnecessary in-person appearances.

Legal Terms You Might Encounter

• You will see “accused” throughout the form and in court. It means you, the person charged. The form links you, by name and court file number, to the lawyer who will speak for you in court.
• “Counsel of record” is the lawyer officially recognized by the court as acting for you. When you sign and file this form, you make that lawyer your counsel of record. The court and the prosecutor will then send notices to your lawyer, not to you.
• “Designation of counsel” is the act of naming your lawyer for this case. The form is the written record of that designation. Filing it tells the court and the prosecutor that your lawyer speaks for you on this matter.
• “Agent” is someone authorized to act for a lawyer on routine appearances. This can be a licensed person who appears for your lawyer at brief attendances. The form still names your main lawyer. It does not make the agent your counsel of record.
• “Address for service” is where official documents must be sent. In this form, you set your lawyer’s address as the place for service. If this information is wrong or changes, you must update it so notices go to the right place.
• “Service” means delivering documents to other parties. After filing, you or your lawyer must ensure the prosecutor receives a copy. Proper service avoids disputes about whether notice was given.
• “Filing” is delivering the form to the court office so it goes on the record. Your designation takes effect when the court accepts the filing. Keep proof of filing to show the court if needed.
• “Court file number” is the unique number for your case. You must put the correct number on the form. If you have more than one case, confirm whether you need one form per number or to list all numbers.
• “Withdrawal of counsel” is when your current lawyer stops acting for you. Your lawyer may file a withdrawal, or the court may order it. If you change lawyers, you will file a new designation to confirm the new lawyer as counsel of record.
• “Co‑accused” refers to another person charged in the same case. Your designation covers only you. Each co‑accused must sign their own designation if they have their own lawyer, even if they share a court date.

FAQs

Do you need to file this form if you already hired a lawyer?

Yes. Hiring a lawyer is not enough. The court needs the form so it knows who speaks for you. Filing avoids missed notices and confusion at your next appearance.

Do you need to sign, or can your lawyer sign for you?

You should sign. Some courts accept your lawyer’s signed designation with your consent noted. When possible, both you and your lawyer should sign to avoid delay. Check the signature blocks before submitting.

Do you file one form for multiple charges?

Use the exact court file number(s) for each proceeding. If your charges sit under different numbers or at different courthouses, speak with your lawyer about whether to file one form listing all numbers or separate forms. When in doubt, file per file number to keep records clean.

Can you change lawyers after filing?

Yes. You can change counsel. Your new lawyer will file a new designation. Your current lawyer will file a withdrawal or seek the court’s permission to be removed. Do not assume the change is effective until the court records show the new designation.

Does this form allow limited-scope representation?

You can retain a lawyer for specific steps. The form still designates that lawyer as counsel of record unless it clearly states limits and the court accepts them. If you only want help with a step, make that clear in writing with your lawyer, and ensure court records reflect it.

Do you still need the form if you plan to attend with duty counsel?

No, duty counsel does not become your counsel of record through this form. If a specific lawyer will act on an ongoing basis, file the designation. If you remain self-represented and only use duty counsel for the day, do not file a designation.

What happens if you put the wrong court location or file number?

File a corrected form as soon as you find the error. Notify the court and the prosecutor. Errors can cause missed notices or rejected filings. Bring copies of the corrected form to your next appearance.

Do you need to serve the prosecutor after filing?

Yes. After filing with the court, deliver a copy to the prosecutor’s office. Keep proof of service. This ensures the prosecutor communicates through your lawyer and calendars the correct contact.

Checklist: Before, During, and After the Form 18 (CSR-650.01) – Designation of Counsel

Before signing:

• Your full legal name matches the name on your charging documents.
• Your date of birth, if required by the form.
• The correct court file number(s).
• The courthouse name and location for this case.
• Your next court date and courtroom, for reference.
• Your lawyer’s full name, firm name if applicable, mailing address, phone, and email.
• Your lawyer’s licence number, if requested.
• Clear agreement with your lawyer about the scope of work and communication.
• Authorization for service by email or fax, if you and your lawyer agree.
• Any known upcoming motions or dates your lawyer must handle.

During signing:

• Confirm every court file number is accurate and complete.
• Confirm the courthouse location matches your case.
• Confirm your lawyer’s name spelling and contact details.
• Make sure the address for service is your lawyer’s office, not yours.
• Sign and date in the correct place as the accused.
• Ensure your lawyer signs and dates in the counsel section, if the form provides it.
• If an agent signs for the lawyer, confirm the capacity and authorization are shown.
• Review any checkboxes about service or limits on representation.
• Attach any required schedules or addenda if you list multiple file numbers.

After signing:

• File the form with the criminal court office for your case.
• Serve a copy on the prosecutor’s office for your courthouse.
• Keep proof of filing and proof of service.
• Give a copy to your lawyer for their file.
• Bring a spare copy to your next court date.
• Check the court record, if possible, to confirm your lawyer is listed as counsel of record.
• Update the court and the prosecutor if your lawyer’s contact details change.
• Calendar your next appearance and confirm your lawyer will attend.

Common Mistakes to Avoid

Listing the wrong court file number.

• Consequence: The court does not link your lawyer to your case. Notices go to the wrong place. Your appearance could be missed.
• Don’t forget to cross-check the file number against your charging documents.

Naming a firm only, not a specific lawyer.

• Consequence: The court may reject the filing or treat it as unclear. Court staff and the prosecutor will not know who to contact.
• Don’t forget to identify the individual lawyer by full name.

Leaving out the lawyer’s address for service.

• Consequence: Notices may still go to you. Deadlines can be missed.
• Don’t forget to include the full mailing address and preferred email.

Assuming your lawyer is counsel of record without filing.

• Consequence: The court treats you as self-represented. Your lawyer may not be allowed to speak on your behalf.
• Don’t forget to file and serve the form before the next appearance.

Changing lawyers without new paperwork.

• Consequence: The court continues to send notices to the former lawyer. Your new lawyer may not receive disclosure or scheduling updates.
• Don’t forget to file a new designation and ensure the prior lawyer withdraws.

What to Do After Filling Out the Form

1. File the form promptly. Take it to the criminal court office that handles your case. If you use electronic or fax filing, confirm the court accepts that method and keep transmission proof. Ask the clerk to stamp your copy, or obtain confirmation of acceptance.
2. Serve the prosecutor. Deliver a copy to the prosecutor’s office for your courthouse. Use a method you can prove. Keep the receipt, email confirmation, or stamped copy.
3. Confirm counsel of record status. Within a few days, check that the court lists your lawyer on the case. Your lawyer can confirm this through their next appearance or by contacting the court office.
4. Coordinate your next court date. Make sure you and your lawyer agree on who will attend and what will happen. If a brief appearance is expected, confirm whether an agent will appear for your lawyer.
5. Monitor communications. From now on, your lawyer should receive disclosure, scheduling notices, and orders. If you receive something directly, forward it to your lawyer at once.
6. Update changes immediately. If your lawyer’s contact details change, file an updated designation or a notice of change of address for service. Serve the prosecutor with the update.
7. Handle amendments. If you missed a file number or made an error, file an amended designation. Mark it clearly as amended and repeat the filing and service steps.
8. If you substitute counsel. Your new lawyer will file a new designation. Your prior lawyer should file a withdrawal or obtain a court order. Ensure both steps are done so the records are accurate.
9. Keep records. Store copies of the filed form, proof of filing, and proof of service. Bring them to court until you see the court record reflect your lawyer as counsel of record.
10. Plan for limited-scope arrangements. If your lawyer’s role is limited to a step or date, ensure the form and the court understand those limits. If the role expands, file an updated designation if needed.
11. Stay on top of attendance. Even with a designation, you may need to attend court unless your lawyer confirms you are excused. Always confirm attendance requirements ahead of time.