adjournment, a second time

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sarah
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adjournment, a second time

by: sarah on
Tue Jan 06, 2009 10:01 am

I had a trial set for march 08, I missed by pure accident. I had a JP reinstate and obtained a new trial date. I now have a serious scheduling issue and again cannot make it. If I send someone in my place to request the adjournment, will my previous actions be a factor in deciding a another adjournment? I have a very important meeting and cannot miss it. Would appreciate any helpful information. Thanks!!!
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ticketcombat
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by: ticketcombat on
Tue Jan 06, 2009 3:55 pm

Go to the courthouse and file a motion to change the court date. The motion should be heard before the actual court date.

You will have to give an adequate reason why the change is necessary. I would suggest something along the lines of attending to a business matter that is imperative to maintaining your employment/income.

Generally the motion should be allowed but it will count against you for any future "unreasonable delay" arguments.
Fight Your Ticket!
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racer
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by: racer on
Fri Jan 09, 2009 3:27 pm

If the charge is for the Ontario Highway Traffic Act infraction, then you may send a paralegal without even setting your foot in court.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
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sarah
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by: sarah on
Fri Jan 09, 2009 3:52 pm

I had a relative attend on my behalf with necessary documention to provide an adequate defense otherwise they were to request an adjournment. The jp heard the case, and as a result of the documents my relative provided, two charges were dismissed and I paid a small speeding fee..

Representation does not need to be a paralegal/lawyer, etc. anyone can attend on your behalf - my relative is no paralegal.

Thanks to all who provided advice. I appreciate it.
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racer
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by: racer on
Fri Jan 09, 2009 8:46 pm

As had been mentioned in a few past posts, you can have either a registered paralegal, a lawyer, or a relative (just anyone cannot represent you! Not anymore at least). However, you are running a risk as your relative might be removed from a courtroom if his/her behaviour is viewed as incorrect, or if JP feels that he/she does not have a clue about procedures.
Good to hear that both charges were dismissed though. You have obviously made a good choice.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
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