Precedent - Application to Adjourn Trial

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Notice

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 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] 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.]

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Affidavit

AFFIDAVIT (CHARTER)
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Applicant – and – HIS MAJESTY THE KING Respondent 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. SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Barrister of the [level] Court of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] ) [Internal File Coding]
EXHIBIT A [DESCRIPTION]
EXHIBIT B [DESCRIPTION]

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