“Adjournments And 11b”

Hi All,

I'm very grateful for the helpful advice given here. One question I have is related to adjournments, specifically, if an adjournment is decided by the court and one has to come back at a later date, which will put the date >1 year, is/are transcripts needed for any of the preceding trials? If so, is there a cost to getting them?

Thanks in advance.

Unless the court requests the transcripts itself, there is a cost. As for your question, its unclear what the purpose of the adjournment was. If the court determines the adjournment was due to the Crown's actions, then the delay will count against them for delay. However, if it was due to your acts and/or omissions, then it will count against you. You can't just look at the overall delay to determine whether 11b kicks in!

yep, delay was due to the crown's actions.

With the 11B, are the transcripts necessary? Also, about the cost, how much are we talking about here?

Thanks

It's your 11b motion, if you're arguing that the previous adjournment was the result of the crown's actions. Provide the courts with transcripts proving this.

There could be a new justice of peace, and prosecutor dealing with you on the new date. Even if they were the same, they'll have little to zero recollection of what transpired on your earlier appearance.

My experience with 11b applications has always been to include transcripts of previous appearances. The costs depend on how long your previous appearances were, and how much was said on the record. If it was a simple adjournment it may cost less than $15 for three copies.

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Lets say you choose the frugal route and try to advance your 11b motion w/o transcripts. At some point the JP could stop the proceedings and adjourn so that you can provide the courts with proper transcripts.

If there's a new adjournment due to lack of transcripts, the delay will not only be attributed to you... but now you'll have to pay for even more transcripts.

It costs $3.20 per page. The only way to avoid getting the transcripts would be to get the Prosecution to concede in writing that the delays were indeed due to their acts/omissions (quite unlikely!). Otherwise, as iFly55 stated, you will need them to corroborate your argument.