OHTA.ca

Hi all. My trial is coming up in about 2 weeks and I have yet to receive disclosure and discovery. I sent requests by fax and by registered mail 3 weeks ago. There were 2 months between the mailing date on the trial notice and trial date.

After reading Ticketcombat's site, I considered filing a motion to stay, but it seems like the 15-day deadline has passed. Can I apply for a stay on the trial date? Anything else that I can do to avoid an adjournment?

Three weeks does not seem enough time to receive dislosure, but it's ok to ask the Justice to delay the trial in order to obtain disclosure, but he may attribute the delay as your fault.

One of the purpose of disclosure is to get an adjournment and make that the prosecutor's fault.

I take that you want everything over and done with in the coming trial, you likely will loose without disclosure unless the cop does not show up.

In total, it was requested 5 weeks before the trial date (3 weeks ago + 2 weeks until the trial). They only gave 8 weeks between the mailing date of the trial notice and the trial date, so by the time I received it and wrote the disclosure letter, there were only 5 weeks left.

In any case, can I ask for a stay at the trial? or does it have to be an adjournment?

If you dont get disclosure when the trial date comes, you can ask for a stay, but it is unlikely that it is granted (as ticketcombat said it required 20 days notice in writing),

The JP is likely going to adjourn the case for you to obtain disclosure.