OHTA.ca

Hello,

My court date is at Jan 14 2009. And I would like to reschedule it to another date. who can help me ? Please tell me the proper procedure how to do it.

Thank you

It depends on which court you are attending. Typically you must go to the court and file a Notice of Motion advising the court that you wish to change your trial date. You should do it as soon as possible (well in advance of the trial date). You may have to swear an Affidavit in support of your request. The court will then schedule a court date to hear your motion. If your motion is granted, a new trial date will be set. This is the easy route.

The other option is to have someone attend the trial date to request an adjournment but you better have a good excuse at that point (some unforseen emergency) otherwise you should have filed the notice of motion in advance.

Call the court office and ask them what their procedure is. If you are in Toronto, the Court call center is 416-338-7320:

press 3 for "4860" tickets

press 4 for "4862" tickets or

press 5 for "4863" tickets

Hard to do, unless you have a really, really good excuse, like youre having surgery that day and youve been waiting six months for it.

Can I using a reason like "sick", and ask someone represent me at the trial day? And request reschedule the trail ? If not working what is a good reason to reschedule? Thank you for helping.

Don't confuse two different situations:

1. Ask for an adjournment in advance. Not being able to get time off work should be good enough. People routinely request adjournments because the trial conflicts with their vacation! The only bad thing is that someone has to show up at the court between now and Jan 14/09 to explain. Mention something like it is a special work project and you could loose your job. You are running out of time to do this!!!

2. Don't show up at trial. Here you need a solid excuse because the court will not tolerate why you didn't do option 1 above.

Another thing you might want to try is disclosure. Check out this thread where they requested an adjournment on the trial date because they "just found out" about disclosure.

You don't have to show up yourself, as long as you send someone. That someone can be either a relative, or a registered lawyer/paralegal.

Thank you ticketcombat for your reply and recommendation. I will send a require of disclosure at tommorrow, and then I will ask my family member represent me to the court and giving a reason to adjournments the trial. Thank for all your reply regarding this topic.

Thank you ticketcombat for your info. I ask my wife reschedule for me already, and at that day the police officer was here. Now new court date is at July 10 2009.

This is my story. I got a ticket of disobey stop sign at Jan 28 2008 6:06pm. I got the notice of trial officer on Oct 10 2008, and the date of the trial date at Jan 14 2009. My court location is at Markham. Due to the insurance issue, I reschedule my trial date at Jul 10 2009. I required a disclosure at Dec 10 2008 by fax and mail, and the follow up request at Apr 03 2009 by fax and Canpar. On May 5 2009 I pick up the disclosure, but it only contains a copy of the police officers hand writing notes. This is totally unreadable.

- Should I resend another request for a typed version of hand written notes, or just waiting until the trial date and raise up for the incomplete disclosure issues?

- what is a good Strategy to win ?

thank you for reply

You should certainly request a typed version in plain English. Police shorthand isn't the easiest "language" to understand. TC has a good disclosure request form on his site so you may want to use it when requesting the additional disclosure material.

In my previous request , I already mention have a copy of typed version of any hand written notes.

Now , should I request another disclosure of typed version ?

Yes. This time just request the missing item and mention the fact in your next disclosure request that the disclosure package that you received is missing the item that you already requested.

On top of that, they forgot to include a certified copy of the by-law that erected the STOP sign. That's also grounds for staying the trial based on improper disclosure. In your next disclosure package, ask them for an explanation and clarification of the charge, but don't specifically ask for the by-law. See if they figure it out.

If they try to hand you the by-law or typed notes at the trial, don't accept it. You might also be able to file an application for a stay based on improper disclosure in advance of your second trial, but I can't be completely sure in the case of re-scheduled trials.

Thank you Radar Identified for your advise, and I will send another disclosure at tomorrow.

Update, I would like to file the notice of motion for my case for stay of the trial base on improper disclosure. Could someone told me that what is the procedure? In ticket combat website, I only found that to file a section 11b. I would like to know file section 7 and section 11a is it same as file section 11b?

Thank you for your reply.