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Court Date Adjoured To A Sunday??
Posted: Mon Nov 03, 2008 9:57 am
by Ken1234
So I went to court to re-book my court date. At first they didn't have the officer availability schedule. And after they came back with the schedule, they gave me the option of either December 12th or the 14th. So I picked the 14th. After I got home I realized that the 14th is actually a Sunday.
Do they make these type of mistakes or did I hear it wrong?
Say they did make the mistake, what then? Should I call and ask confirmation or should I keep quiet (but what if I'm wrong?)?
Thanks all for reading
Posted: Mon Nov 03, 2008 10:52 am
by lawmen
Get them to confirm the date in writing.
I also don't know where you live, but I think Toronto holds court on weekends as well as week days. I'm sure I've heard of court on Saturday but don't recall a case being heard on Sunday.
Posted: Mon Nov 03, 2008 1:19 pm
by Ken1234
I am in Ottawa. And they are only open Monday - Friday.
But if I do ask for my court date in writing, wouldn't they find out that they have made a mistake then correct it? In which case I can't take advantage of this.
Thing is, what usually happens if the court date is wrongly set? Or does this never happen and that I MUST'VE heard it wrong?
Thanks
Posted: Mon Nov 03, 2008 2:21 pm
by lawmen
You might've heard wrong, but maybe not. Call the court in TO and just make a general inquiry. Don't give them your name, the charge etc. Just inquiry if they hold court of Sundays.
TC, will chime in on this thread I'm sure, and he knows better than I on this subject.
I know this, though, if court is heard on a Friday and you think it's Sunday, they will convict you without you being there. You can appeal it but its more work for you then.
What are you charged with anyway?
Posted: Mon Nov 03, 2008 6:19 pm
by Ken1234
OK I will call them and ask. But do they still send you a notice of trial even though you adjured it? If so when do they come in?
I was charged with speeding; 131km/h on 100km/h highway.
Posted: Mon Nov 03, 2008 6:50 pm
by lawmen
I don't know for certain, but I would assume so. Maybe someone else on here knows.
Here's the Act. Read trial section. Might not say anything about notice in it though.
http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK68
Posted: Mon Nov 03, 2008 9:33 pm
by ticketcombat
Since the only other possible date is before the Sunday, I would show up on the 12th and see if your name is on the docket. It's usually posted outside the courtroom. That will answer your question without any inquiry on your part.
If you requested the adjournment, the clock isn't ticking for an unreasonable delay argument. So even if it was scheduled for the Sunday, what's stopping them from rescheduling it again?