Precedent - Application to Adjourn Trial: Difference between revisions

Revision as of 09:07, 27 April 2021

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Application to Adjourn Trial

See also: Adjournments

NOTICE OF APPLICATION TO ADJOURN TRIAL

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

NOTICE OF APPLICATION TO ADJOURN TRIAL
571 or 606(3) of the Criminal Code

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 inferiror/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

[give a short description of the reasons for adjournment]
…
Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An order granting the adjournment of all trial dates and order the scheduling of a hearing to set new trial dates.

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________
[Counsel's name]
[Counsel's title]

TO:	[parties requiring notice] [contact info]
AND TO:	[other necessary parties] [contact info]
cc.	[other party where notice not legally required such as co-counsel, etc.]

@@ Line 19: / Line 19: @@
 '''TAKE NOTICE''' that before a Presiding Justice of the [name of inferiror/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:'''
+{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}}
 # [give a short description of the reasons for adjournment]