Form 9 (CSR-9) – Notice of Abandonment

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 9 (CSR-9) – Notice of Abandonment?

Form 9 (CSR-9) is the Notice of Abandonment used in criminal matters in the Superior Court of Justice in Ontario. It sits within the Criminal Proceedings Rules of the Superior Court of Justice. You use it to formally withdraw, or “abandon,” a criminal court proceeding you started in that court under those Rules. The form tells the court and every other party that you will not be going forward. It also lets the court vacate any hearing time set aside for your matter.

You file Form 9 when you want to end an application, a motion, or, where the Rules apply, an appeal or review that you brought to the Superior Court of Justice in a criminal or quasi-criminal case. The form can also be used to abandon part of a proceeding, such as one ground in a larger application. It is a short, straightforward filing. It becomes effective once you file it and serve it on the other parties.

Who typically uses this form?

Defense counsel often use it when the accused decides not to proceed with a Charter application, a prerogative remedy, or another pretrial motion. Self-represented accused use it for the same purpose. Crown counsel may file it when the Crown withdraws an application, such as a motion to vary an order. It can also be used in summary conviction appeal proceedings heard in the Superior Court of Justice when governed by these Rules.

Why would you need this form?

You may decide the application is no longer necessary, has weak prospects, or no longer fits your case plan. You may have reached a resolution that removes the need to argue the motion. Disclosure may have changed the factual landscape. A superior court remedy may no longer be appropriate if a lower court can address the issue. In each case, you use Form 9 to tell the court and the parties that the proceeding you launched is over.

Typical usage scenarios.

You planned to bring a Charter application to exclude evidence, but the Crown has agreed not to use that evidence. You filed an application for certiorari to quash a committal for trial, but you now accept the committal. You started a habeas corpus application on detention conditions, but the institution changed those conditions, and your concern is resolved. You filed to challenge a publication ban, but circumstances changed, and the issue is moot. You launched a summary conviction appeal but decided not to proceed after reviewing transcripts. In each scenario, Form 9 is the right way to end the proceeding cleanly and on the record.

In short, Form 9 is the formal withdrawal notice for criminal proceedings in the Superior Court of Justice under the Criminal Proceedings Rules. Filing it prevents wasted court time, clears the docket, and gives everyone clear notice that the matter will not proceed.

When Would You Use a Form 9 (CSR-9) – Notice of Abandonment?

You would use Form 9 when you want to stop an ongoing proceeding you started in the Superior Court of Justice in a criminal matter governed by these Rules. This includes applications like Charter motions, prerogative remedies, third-party record applications, or other pretrial or trial-related applications in that court. It also covers some appeal or review proceedings that are set in that court under the Rules.

Consider a defense application set for a one-day hearing next month. You learn the Crown will call different evidence than you expected. Your application is now unnecessary. You file and serve a Notice of Abandonment to vacate the hearing date and confirm you will not argue the motion. Or, consider a summary conviction appeal where you secured bail pending appeal. After reviewing the transcripts, you conclude the appeal has no merit. You file Form 9 to notify the court and the Crown that the appeal will not proceed. If a pre-hearing conference is booked, your filing allows the court to release that time.

Crown counsel also uses Form 9. Imagine you filed a motion to vary a sealing order or to seek directions on evidence. New information makes the motion unnecessary. Filing the Notice of Abandonment ends the motion cleanly. It also signals to defense counsel that they need not prepare for that hearing.

Private applicants can use it as well. If you brought an application for third-party records and later secure the records through consent, you can file Form 9 to abandon your application and close the loop with the court.

Self-represented accused use it when they choose not to pursue a remedy they started. The form keeps the process orderly. It avoids court staff and the judge waiting on a non-appearance. It prevents confusion about whether the matter remains active.

You can also use Form 9 to abandon only part of a proceeding. For example, you may keep your application to exclude a statement but abandon your application to exclude photographs. You can state that you abandon only specific relief or grounds. This helps narrow issues, shorten hearing time, and keep the record clear.

Finally, you may need Form 9 when a case resolves. Many resolution discussions lead to withdrawing pending motions. Filing the Notice of Abandonment is the formal step that removes those motions from the list and protects the record of the agreement.

Legal Characteristics of the Form 9 (CSR-9) – Notice of Abandonment

A Notice of Abandonment is legally effective because the party who started a proceeding generally has the right to withdraw it. The Criminal Proceedings Rules provide a simple mechanism to exercise that right. By filing the form with the Superior Court of Justice and serving it on every other party, you unambiguously communicate that you are no longer seeking the relief. That clarity is central to the form’s effect.

Once you file and serve Form 9, the proceeding you started is treated as ended, either in whole or in part, depending on what you state in the notice. The court can then vacate hearing dates, release reserved court time, and close the file for that application. If you abandoned an appeal or review, the decision or order you challenged remains in effect. If you abandoned a pretrial application, the underlying criminal case continues in the trial court or as otherwise scheduled.

Enforceability rests on three elements. First, the form aligns with the Rules that govern criminal proceedings in the Superior Court of Justice. Second, the notice is given to the court and all parties of record, which satisfies procedural fairness. Third, the form is signed and dated by the party or that party’s lawyer, which confirms authority and intention. When these elements are met, the court can rely on the notice.

There are limits and consequences. Abandonment usually cannot be used to gain tactical delay and then restart the same proceeding later without a good reason. There is no decision on the merits when you abandon. However, if you try to refile, the court may require an explanation. The court can treat a refiled application as an abuse of process if the timing or purpose is improper. Time limits also matter. If you abandon an appeal or application with a fixed deadline and later try to refile, you may need an extension of time. Abandonment may also affect related interim orders. For example, a stay or interim order tied to the application may lapse when you abandon the application that supported it. You should plan for that before filing.

If you are on release in connection with an appeal heard in the Superior Court of Justice and you abandon that appeal, you should expect your release to end by operation of law or court direction. You should speak to your lawyer about the next steps before filing. If you are the Crown and you have obtained an interim order pending an application, you should consider whether the order continues or expires on abandonment and whether you need further directions.

Authority to sign also matters. Counsel should ensure they have clear instructions. If the client is in custody or has language needs, written instructions or a client signature on the form is wise. Some courts may ask for confirmation that the accused understands the consequences. The safest practice is to obtain written instructions and keep them.

Service is essential. Filing the form with the court is not enough by itself. You must serve every other party of record. Service ensures all parties stop preparing for the hearing and adjust their case plans. If you are late, the court can still make directions about costs or scheduling. While costs in criminal matters are uncommon, late abandonment can draw firm comments from the court. Serve promptly to avoid that.

The Notice of Abandonment is not a confidentiality shield. Anything already filed remains on the record unless the court orders otherwise. If you need a sealing order or confidentiality terms, you must address those separately. Abandoning the application does not, by itself, seal filings.

Finally, abandonment does not bar you from raising the same legal issue later in a different, proper way if circumstances change. It does, however, return the case to the path it was on before the application. If you still want related relief, consider whether another court or stage is the right forum.

How to Fill Out a Form 9 (CSR-9) – Notice of Abandonment

Follow these steps to complete and file Form 9 correctly. Work methodically, and confirm details with the court file before you serve.

1) Identify the court and location.

Write “Superior Court of Justice” at the top. Add the criminal region and courthouse where the proceeding is filed. Match the location on your original application or appeal. Do not change venues on this form.

2) Insert the court file number.

Use the exact file number assigned to your application or appeal. If you are abandoning part of a larger superior court proceeding, use the number for that part. Check the number against your last endorsement or confirmation form.

3) Set out the style of the cause.

Use “R. v. [Accused’s surname]” if the Crown is involved. Include any co-accused if they are part of the same proceeding. If your proceeding is styled “In the matter of” for a prerogative remedy, copy that style exactly as it appears on your originating document.

4) Name the abandoning party.

Identify the party that started the proceeding and is now abandoning it. State whether you are the applicant, appellant, moving party, or similar. If counsel is signing, list counsel’s name below the party name as “lawyer for [party].”

5) Describe the proceeding being abandoned.

State the type of proceeding in plain terms. For example: “an application to exclude evidence under the Charter,” “an application for certiorari,” “a summary conviction appeal,” or “a motion for third-party records.” If there is a scheduled hearing date, include it. If you are abandoning only part of a proceeding, identify the part clearly.

6) State the abandonment clearly.

Use a direct sentence such as: “I abandon this application.” If partial, write: “I abandon the following grounds and relief only,” and list each ground or remedy you are abandoning. Avoid vague wording. If you need more space, attach a schedule and refer to it in the body of the form.

7) Address existing hearing dates.

Add a sentence such as: “The hearing set for [date] should be vacated.” This helps the trial coordinator release the time. If no date is set, you can omit this.

8) Include any schedules for partial abandonment.

If you are abandoning some grounds or documents only, attach a schedule. Label it “Schedule A – Abandoned Grounds.” Number each ground or item you are abandoning. Cross-reference that schedule in the body of the form.

9) Add contact information and service details.

List the abandoning party’s address for service, phone number, and email. If counsel is involved, include firm name, mailing address, phone, and email. Add the names and service addresses of other parties on a service list or schedule if the form provides one. This helps court staff and confirms who must be served.

10) Sign and date.

The party or the party’s lawyer must sign and date the form. Print the signer’s name below the signature. If counsel signs, include their lawyer number if space permits. Sign in ink if filing in person, or apply a recognized electronic signature if e-filing is accepted at that court site.

11) Serve every other party.

Serve the Crown Attorney or the appropriate Crown office for your file. Serve the co-accused and their counsel if they are parties to the proceeding. Serve any other party of record, such as an affected third party in a records motion. Use a method allowed for criminal filings. Email service is often accepted with consent or established practice, but confirm local direction. Keep proof of service.

12) File with the court.

File the signed Form 9 with the Superior Court of Justice where your proceeding is pending. Attach proof of service if the local practice requires it. You can file in person at the courthouse or by electronic filing if available. Ask the criminal counter or trial coordinator if you are unsure which channel to use.

13) Confirm the hearing is vacated.

After filing, contact the trial coordinator or registrar to confirm the court has removed the matter from the list. If you are abandoning late, confirm whether the court needs a brief appearance to note the abandonment on the record.

14) Update related steps in your case plan.

If you had subpoenas or witness arrangements tied to the application, notify those witnesses that the application is abandoned. If you filed briefs or materials under a sealing order, confirm whether the order remains necessary. If your abandonment affects deadlines in the main case, update your timetable.

15) Keep records.

Save a copy of the signed form, the service emails or affidavits of service, and the court’s acceptance. Put them in your file. You may need to prove the abandonment later if scheduling or release issues arise.

Practical drafting tips help avoid confusion. Describe the proceeding the same way you did when you started it. If you are abandoning only some grounds, be precise. Avoid language that could be read as abandoning more than you intend. If you are unsure, attach a schedule and describe the abandoned items in numbered points. If there are multiple applications under the same file number, identify which one you are abandoning by date of filing or relief sought.

If the accused is in custody, consider getting the accused’s signature on the form. That step reduces any risk of confusion on instructions. If language or capacity is an issue, record your advice and the client’s decision in writing. Keep that record with your file.

Think ahead about consequences. If the application supported a temporary stay, consider whether the stay will lapse when you abandon. If you need more time to prepare a different application, abandoning one may free court time but not extend statutory deadlines. Build that into your plan. If you intend to refile later, be ready to explain why abandonment now and refiling later is appropriate.

If you realize you filed the Notice of Abandonment in error, act fast. Contact the other parties and the court immediately. You may need to bring a short motion or attend before a judge to set the notice aside. The court will assess prejudice, timing, and reasons. Do not assume you can simply withdraw the abandonment. Move quickly and transparently to fix the issue.

Finally, be courteous about timing. If you know you will abandon, do not wait until the eve of a hearing. Early notice respects the court, the Crown, defense counsel, and witnesses. It also reflects well on your client’s position and reduces the risk of adverse comments on the record.

With Form 9, clarity and timing are everything. Fill it out carefully. Serve it promptly. File it correctly. Then confirm the court has cleared the date. That is how you close out a proceeding cleanly under the Criminal Proceedings Rules of the Superior Court of Justice.

Legal Terms You Might Encounter

• Abandonment means you are stopping a step in your case. With this form, you tell the court you will not proceed. It ends only the specified proceeding. It does not end your whole case unless stated.
• Proceeding refers to the specific step you started. It could be an application, motion, or review. The form identifies which proceeding you are abandoning.
• Party is any person or entity named in the case. You are a party if the form lists your name in the style of cause. All parties should get notice of your abandonment.
• Applicant or moving party is the person who started the proceeding. If you began the step, you likely filed this form. You confirm you no longer seek that relief.
• Respondent is the party that responds to the step. The respondent must get a copy of your form. Service gives them formal notice that the step is over.
• Registrar is the court office that manages filings. You file the form with the registrar where your case file sits. The registrar updates the file and cancels the hearing if scheduled.
• Filing means giving documents to the court. You must file this form in the correct court file. Filing creates the formal record of your decision.
• Service means delivering documents to other parties. After filing, you serve the form on all parties. Keep proof that you served everyone.
• Style of cause is the case title on every court document. It lists the parties and the court file number. It must match the existing case title on your form.
• Court file number is the unique number for your case. It ties your form to the correct file. Double-check this number before filing and serving.
• Endorsement is a written note by the judge or the court. It may confirm that the step is abandoned. The endorsement becomes part of your record.
• Order is the court’s formal direction. Some files will also have an order noting the abandonment. Ask the registrar if an order will be issued.
• Relief means what you asked the court to do. Once you abandon, you do not seek that relief anymore. You would need to start a new step if you change course later.
• Costs are payments one party makes to another for expenses. Criminal courts rarely award costs, but it can happen. Abandonment does not automatically resolve any cost issues.
• Without prejudice means you preserve rights for later. Abandonment usually ends that step with finality. You may need permission to restart, if you can at all.

FAQs

Do you need anyone’s consent to file this form?

No. You can abandon your own step at any time. You do not need consent from the other side. You still must file and serve the form.

Do you have to attend the hearing after you file?

Usually, no, if the court cancels the date after filing. Always confirm with the registrar. If the date remains on the docket, attend or seek directions.

Do you need to serve every party?

Yes. Serve all listed parties, including the Crown and any co-accused. If you added an intervenor, serve them too. Keep proof of service for your records.

Can you reverse an abandonment?

Not as of right. Abandonment is treated as final for that step. You may seek leave to revive or refile. There is no guarantee the court will permit it.

Does abandonment affect your bail or release?

Not directly. Bail conditions stay in place until changed or expire. If a stay depended on your step, that stay may end. Ask the registrar about scheduling impacts, not legal advice.

Do you need to pay a filing fee?

Criminal filings usually have no fee. Confirm with the registrar for your file. Costs, if any, are separate and rare in criminal matters.

Should your lawyer sign, or can you sign?

Your counsel signs if counsel of record. If you are self-represented, you sign. Make sure the signature and date are clear.

What if you have multiple steps open?

Identify each step you are abandoning. If you only abandon one, state it clearly. Use a separate form if needed to avoid confusion.

Checklist: Before, During, and After the Form 9 (CSR-9) – Notice of Abandonment

Before signing

• Confirm which proceeding you are abandoning.
• Verify the current style of the cause exactly as on file.
• Locate the correct court file number.
• Note any scheduled hearing date, time, and courtroom.
• Gather the mailing and email addresses for all parties.
• Check if any related stay or order may be affected.
• Decide on the service method and who will serve.
• Prepare a simple service list with names and addresses.
• Plan how you will file: in person, by email, or as allowed.
• Schedule time to confirm cancellation with the registrar.

During signing

• Confirm the courthouse location on the form.
• Enter the correct style of cause, no typos.
• Enter the correct court file number.
• Identify the specific proceeding you are abandoning.
• Insert any set hearing date you want to cancel.
• Provide your full contact information or your counsel’s.
• Sign and date the form in ink or approved format.
• Check all names and titles are spelled correctly.
• Review for blank fields or missing initials if needed.

After signing

• Make at least two copies of the signed form.
• File the original with the registrar for your file.
• Serve all parties on your service list.
• Prepare and keep proof of service for each party.
• Ask the registrar to confirm the hearing is removed.
• Update your calendar with the new status.
• Note any follow-up, like exhibit return or costs.
• Save the filed-stamped copy in your case binder.
• Store digital copies in a secure folder with backups.

Common Mistakes to Avoid

• Abandoning the wrong step. Be precise about what you are ending. If you name the wrong proceeding, you could lose the step you meant to keep. Don’t guess the title; check the last filed document.
• Using the wrong file number. An incorrect file number can derail your filing. The registrar may not process it, or it may go to another file. Don’t forget to match the number on your latest endorsement.
• Not serving all parties. Missing a party can trigger confusion or wasted appearances. The court may require you to re-serve and explain. Don’t forget the Crown, co-accused, and intervenors.
• Assuming the court cancels the hearing automatically. Some dates remain on the docket until the court confirms. If you do not confirm, parties may still attend. Don’t forget to call or email the registrar.
• Leaving the signature or date blank. An unsigned form may not be accepted. Missing dates can raise questions about timing. Don’t forget to sign and date after your final review.

What to Do After Filling Out the Form

1. File the form with the same courthouse that holds your file. Use the filing method the court accepts. Filing must be prompt to avoid wasted appearances.
2. Serve every party in the case. Use a reliable method that creates proof of delivery. Email service may be acceptable; confirm the method allowed. Keep a service log and copies of all emails or receipts.
3. Confirm with the registrar that the hearing is off the list. Ask for written confirmation if possible. If the date remains posted, plan to attend or seek directions. Do not assume it is cancelled until you verify.
4. Record the abandonment in your file management system. Save the filed-stamped form and all proofs of service. Label them with the date and time filed and served. Keep a physical copy in your court binder.
5. Handle exhibits or materials. If the abandoned step involves exhibits, clarify their status. Ask whether exhibits will be returned or kept on file. Arrange pickup or delivery as directed by the court.
6. Address any related stay, timetable, or directions. If your step paused other deadlines, those may resume. Review any scheduling endorsements. Contact the other side to confirm the new plan if needed.
7. Consider whether you may refile later. Abandonment ends the step. Refilling may need permission or a fresh start. Watch for limitation issues or timetable impacts.
8. If you need to abandon more than one step, use separate forms. List each proceeding on its own form. This avoids confusion and helps the court track status. Serve each form as a separate document.
9. Update the service list for future steps. Remove parties who are no longer involved. Add any new counsel or contact info. Keep the list current to avoid service errors.
10. Close the loop with your team or client. Send a brief status email noting the filing and service. Include copies of the filed form and proof of service. Confirm that the hearing is cancelled.
11. If a cost issue is possible, raise it early. Costs are unusual, but not impossible. Speak with the other side about a consent path, if any. Seek directions if disagreement arises.
12. Monitor the docket for changes. The court may post updates or administrative notes. Check the docket close to your original hearing date. Confirm there is no residual listing.
13. Plan next steps for the main case. Abandonment may change your litigation path. Update your strategy and deadlines. Book any needed motions or case conferences.
14. Keep your contact information current with the court. If your address or email changes, update the registrar. Make sure you continue to receive notices. Missing a notice can affect your rights.
15. If you discover an error after filing, act fast. Contact the registrar to discuss options. You may need to file a corrected form and re-serve. The sooner you act, the fewer issues arise.
16. If a judge has already made directions on the step, notify chambers. Advise that you filed a notice of abandonment. Ask if further attendance is required. Follow any instructions you receive.
17. Maintain confidentiality where required. Do not include sensitive information unless necessary. Redact personal data that the rules do not require. Protect your client’s privacy and safety.
18. Archive your documents properly. Name files clearly, with dates and document type. Store them in a secure system with backups. Retain them for the life of the case and any appeal window.
19. If you reconsider after abandonment, seek guidance early. You may need permission to revive or refile. Timing and reasons matter. Gather your facts and be ready to explain.
20. Finally, set a reminder to review the file after one week. Confirm the court record shows the abandonment. Check that all parties acknowledged service. Close any internal tasks linked to the abandoned step.