Precedent - Application to Adjourn Trial: Difference between revisions

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Notice

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
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] 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 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

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: R v White, 2010 ABCA 66 (CanLII), per curiam (3:0) , at para 14
Generally the court must weigh competing factors, including:
1. the gravity of the charges
2. the number of previous postponements
3. the accused's right to a fair trial and right to be tried in a reasonable time
4. the public interest in the orderly and expeditious administration of justice
5. the legitimacy of the delay
An accused request to adjourn trial in order to seek counsel implicate several unique considerations, including:
1. ...
[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.]

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]