Precedent - Application to Adjourn Trial: Difference between revisions
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{{Precedent Terms of Use}} | {{Precedent Terms of Use}} | ||
== | ==Notice== | ||
{{seealso|Adjournments}} | {{seealso|Adjournments}} | ||
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{{Style of Cause}} | {{Style of Cause}} | ||
{{TITLE|NOTICE OF APPLICATION TO ADJOURN TRIAL|571 or 606(3){{CCC}}}} | {{TITLE|NOTICE OF APPLICATION TO ADJOURN TRIAL|Section 803(1) [PC summary trial] / 537(1)(a) [Prelim judge] / 571 [PC indict. trial or Sup Crt J-alone trial] / 606(3) [Sup Crt J+J trial] {{CCC}}}} | ||
{{WHEREAS Charges}} | {{WHEREAS Charges}} | ||
{{ | {{ANDWHEREAS Trial}} | ||
{{I-Start}}'''TAKE NOTICE''' that before a Presiding Justice of the [name of | {{I-Start}}'''TAKE NOTICE''' that before a Presiding Justice of the [name of inferior/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse],{{I-End}} | ||
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | ||
# Section 571 authorizes a provincial judge or superior court justice to adjourn a trial on an indictable matter without jury; | |||
# The decision to adjourn a trial is a discretionary decision of the trial judge: {{CanLIIRx|White|287w8|2010 ABCA 66 (CanLII)}}{{TheCourtABCA}} (3:0) {{atL|287w8|14}} | |||
# Generally the court must weigh competing factors, including: | |||
## the gravity of the charges | |||
## the number of previous postponements | |||
## the accused's right to a fair trial and right to be tried in a reasonable time | |||
## the public interest in the orderly and expeditious administration of justice | |||
## the legitimacy of the delay | |||
# An accused request to adjourn trial in order to seek counsel implicate several unique considerations, including: | |||
## ... | |||
# [give a short description of the reasons for adjournment] | # [give a short description of the reasons for adjournment] | ||
# … | # … | ||
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<gdoc id="1b0acKsrdBfmVRlkAg4Vx5EZdyaDyW8q8jUXVqPHhTS4" width="750" height="1000" /> | <gdoc id="1b0acKsrdBfmVRlkAg4Vx5EZdyaDyW8q8jUXVqPHhTS4" width="750" height="1000" /> | ||
==Affidavit== | |||
{|class="wikitable" style="width:650px; background-color:white; " | |||
! AFFIDAVIT (CHARTER) | |||
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{{Style of Cause (Charter)}} | |||
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }} | |||
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that: | |||
# I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true. | |||
{{SwornSignature}} | |||
{{InternalCode}} | |||
|- | |||
| style="width: 50%; vertical-align: top;" | | |||
<center><b> EXHIBIT A<br> | |||
[DESCRIPTION]<b></center> | |||
|- | |||
| style="width: 50%; vertical-align: top;" | | |||
<center><b> EXHIBIT B<br> | |||
[DESCRIPTION]<b></center> | |||
|} | |||
<gdoc id="1SRnKwAYP2TzqvjjhVGPRINaM6iUkpcHlB1XJ4n9Bf4Q" width="750" height="1000" /> | |||
==Notice== | |||
{{seealso|Adjournments}} | |||
{|class="wikitable" style="width:650px; background-color:white; " | |||
! REPLY TO NOTICE OF APPLICATION TO ADJOURN TRIAL | |||
|- | |||
| style="width: 50%; vertical-align: top;" | | |||
{{Style of Cause}} | |||
{{TITLE|REPLY TO NOTICE OF APPLICATION TO ADJOURN TRIAL|Section 803(1) [PC summary trial] / 537(1)(a) [Prelim judge] / 571 [PC indict. trial or Sup Crt J-alone trial] / 606(3) [Sup Crt J+J trial] {{CCC}}}} | |||
{{WHEREAS Charges}} | |||
{{ANDWHEREAS Trial}} | |||
{{I-Start}}'''THE RESPONDENT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | |||
# Section 571 authorizes a provincial judge or superior court justice to adjourn a trial on an indictable matter without jury; | |||
# The decision to adjourn a trial is a discretionary decision of the trial judge: {{CanLIIRx|White|287w8|2010 ABCA 66 (CanLII)}}{{TheCourtABCA}} (3:0) {{atL|287w8|14}} | |||
# Generally the court must weigh competing factors, including: | |||
## the gravity of the charges | |||
## the number of previous postponements | |||
## the accused's right to a fair trial and right to be tried in a reasonable time | |||
## the public interest in the orderly and expeditious administration of justice | |||
## the legitimacy of the delay | |||
# An accused request to adjourn trial in order to seek counsel implicate several unique considerations, including: | |||
## ... | |||
# [give a short description of the reasons for adjournment] | |||
# … | |||
# Any additional grounds as counsel may advise and this Honourable Court may permit. | |||
{{I-Start}}'''THE RESPONDENT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} | |||
# An order granting the adjournment of all trial dates and order the scheduling of a hearing to set new trial dates. | |||
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE RESPONDENT MAY BE SERVED AT:'''{{I-End}} | |||
In accordance with the appropriate Rules of Court, | |||
{{CounselAddress}} | |||
{{DATED}} | |||
{{CounselSignature}} | |||
{{CarbonCopy}} | |||
|} | |||
<gdoc id="xxxx" width="750" height="1000" /> |
Latest revision as of 10:23, 30 September 2021
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Notice
NOTICE OF APPLICATION TO ADJOURN TRIAL |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
NOTICE OF APPLICATION TO ADJOURN TRIAL WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. TAKE NOTICE that before a Presiding Justice of the [name of inferior/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse], THE APPLICANT RELIES ON THE FOLLOWING GROUNDS
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
|
<gdoc id="1b0acKsrdBfmVRlkAg4Vx5EZdyaDyW8q8jUXVqPHhTS4" width="750" height="1000" />
Affidavit
AFFIDAVIT (CHARTER) |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: Applicant – and – Respondent AFFIDAVIT OF [AFFIANT NAME] I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
[Internal File Coding] |
[DESCRIPTION] |
[DESCRIPTION] |
<gdoc id="1SRnKwAYP2TzqvjjhVGPRINaM6iUkpcHlB1XJ4n9Bf4Q" width="750" height="1000" />
Notice
REPLY TO NOTICE OF APPLICATION TO ADJOURN TRIAL |
---|
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
REPLY TO NOTICE OF APPLICATION TO ADJOURN TRIAL WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time].
THE RESPONDENT RELIES ON THE FOLLOWING GROUNDS
THE RESPONDENT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE RESPONDENT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
|
<gdoc id="xxxx" width="750" height="1000" />