Re: How To File An 11b
diehard wrote:clyrrad wrote:Thanks diehard - but I guess my question would be - how do you prove they got the fax? What if they say the fax was never received? How do we prove they got the fax without having their stamp on each book?
PS: The books are already printed and we paid Staples to Bind them so dont really mind so much having to get the stamp, but it sucks that the only options are Ottawa or Toronto??
The stamp for the Attorneys-General is not essential.
But you must keep the fax receipts, that is very important to prove that they have been served.
In addition to the fax receipts, I believe you also need to swear out short affidavits saying you served each of the Attorney Generals by fax. I couldn't tell by the previous messages whether you had done this but thought I would mention it just in case.
In my case they kept me waiting to the end of the court period and when they called my name and I walked up, they indicated that I had filed an 11B and my case was stayed. I didn't have to do anything. I guess if the JP doesn't mention your 11B and asks you how you plead you should indicate that you filed an 11B and have your copy of the 11B package ready to show with the court and the prosecutors stamp as proof that it was served on them.
Just after I served my 11B book on the prosecutor I also got a request from them for a transcript from the previous appearance where an adjournment was granted. When I got it I served it on the prosecutor and the court. When the person in the court office pulled out the court file on my case and added their copy of the transcript, I could see my 11B request in the bundle.