if you request another trial date... | GTAMotorcycle.com

if you request another trial date...

S

SkyRider

Well-known member
hi, my court date is in june. so i got the cop's notes but it's pretty much illegible, and in my disclosure request i had asked it to be typed. anyways i thought i could ask to be adjourned and get a new trial date but, i will not be in town the whole month of july and august.

so if the new trial date falls within these two months i would need to request another trial date, which would piss the JP off so i rather not do that.

should i just take my chances on the first court date?
 
I think if you ask for an adjournment it will take longer than 2 months. Also it's not your fault, the notes aren't readable and you wanted them typed. Hopefully someone with more experience can give their input. Good luck!
 
they rarely give typed notes even when you request them, it costs them time and money. All cops have writing that is illegible, they're worse than a first grader. When you request an adjournment you can tell them what date/month would work for you.
 
I think it's going to be difficult to get typed notes (and with shortforms/acronyms explained). When I went earlier this month and got an adjournment, the prosecutor wanted to set the new trial for early June, basically one month away. I asked it to be changed to late June since I'd be out of town. The prosecutor really tried to go out of her way to make things difficult every step of the way. Anyway, she stressed that this adjournment would be the only one I got and the JP seemed to agree.

Anyway, it might be a good idea to bring some proof with you to show when you'll be out of town; just as a last resort in case the prosecutor is extra difficult.
 
I suggest you go ahead and request a new date. You are not sitting around just waiting for this trial to happen, you have life after all. Just be polite and humble, Justice of the Peace is a homo sapiens too ;)
 
If the officer appears in court at your trial, he will explain his handwriting (you won't need typed notes at this point) and you'll be given an adjournment.

For the adjournment don't tell them your availability first! Let THEM suggest a date and if it falls in July or August, you can ask them for a different date.

Unfortunately, IF the crown does suggest a date in Jul/Aug, they will later argue that the delay from Jul/Aug to the new date will be your responsibility; it's no longer a institutional delay, the courts were prepared to go to trial in Jul/Aug, but you were unavailable

from an 11b time calculation point of view, it gets really tricky... especially if the new Justice of Peace just makes the whole thing a "neutral delay" and doesn't proportion it out
 
Place a second request for the correct disclosure immediately. Go to the scheduled trial. If the disclosure isn't sent to you in time, or if they try to present it to you on the date of trial (refuse to accept it), request that the trial be rescheduled so that you have an opportunity to properly review the disclosure THAT YOU ORIGINALLY REQUESTED. If the trial goes forward anyway, despite this request, file for appeal. If your motion is successful, and the total time from service of infraction notice is 12 months+, file for 11b. Failure to provide requested reasonable disclosure, in a timely manner, is a delay that The Crown is responsible for, and so counts toward 11b.
 
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