Precedent - Application to Adjourn Trial: Difference between revisions

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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;

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 15: / Line 15: @@
 {{WHEREAS Charges}}
-'''AND''' {{WHEREAS Trial}}
+{{WHEREAS Trial}}
-'''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],
+{{I-Start}}'''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],{{I-End}}
 {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}}
@@ Line 25: / Line 25: @@
 # Any additional grounds as counsel may advise and this Honourable Court may permit.
-'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
+{{I-Start}}'''THE APPLICANT 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.
-'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''
+{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}
 In accordance with the appropriate Rules of Court,