OHTA.ca

I had a trial set for march 08, I missed by pure accident. I had a JP reinstate and obtained a new trial date. I now have a serious scheduling issue and again cannot make it. If I send someone in my place to request the adjournment, will my previous actions be a factor in deciding a another adjournment? I have a very important meeting and cannot miss it. Would appreciate any helpful information. Thanks!!!

Go to the courthouse and file a motion to change the court date. The motion should be heard before the actual court date.

You will have to give an adequate reason why the change is necessary. I would suggest something along the lines of attending to a business matter that is imperative to maintaining your employment/income.

Generally the motion should be allowed but it will count against you for any future "unreasonable delay" arguments.

If the charge is for the Ontario Highway Traffic Act infraction, then you may send a paralegal without even setting your foot in court.

I had a relative attend on my behalf with necessary documention to provide an adequate defense otherwise they were to request an adjournment. The jp heard the case, and as a result of the documents my relative provided, two charges were dismissed and I paid a small speeding fee..

Representation does not need to be a paralegal/lawyer, etc. anyone can attend on your behalf - my relative is no paralegal.

Thanks to all who provided advice. I appreciate it.

As had been mentioned in a few past posts, you can have either a registered paralegal, a lawyer, or a relative (just anyone cannot represent you! Not anymore at least). However, you are running a risk as your relative might be removed from a courtroom if his/her behaviour is viewed as incorrect, or if JP feels that he/she does not have a clue about procedures.

Good to hear that both charges were dismissed though. You have obviously made a good choice.