Question regarding filing a motion, most likely 11b

Observer135
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Question regarding filing a motion, most likely 11b

by: Observer135 on
Sun Dec 19, 2010 12:42 pm

OK, so here I am, going to file a motion 11b and section 7 of Charter of Rights.
The question that I have is "can one file a motion in a different court from the one he has his trial at?"
I was able to file my ticket at the Markham Rd. court house and request a trial, but my trial is at Queen St. W, now that I want to file a motion, can I go to Markham Rd and file my motion there?
I hope one you lawyers/paralegals can answer this for me...
Thank you in advance


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by: diehard on
Mon Dec 20, 2010 9:00 am

Observer135 wrote:OK, so here I am, going to file a motion 11b and section 7 of Charter of Rights.
The question that I have is "can one file a motion in a different court from the one he has his trial at?"
I was able to file my ticket at the Markham Rd. court house and request a trial, but my trial is at Queen St. W, now that I want to file a motion, can I go to Markham Rd and file my motion there?
I hope one you lawyers/paralegals can answer this for me...
Thank you in advance
I believe you have to serve the Court and Prosecutors where the trial will be held.

If you read our quick guide above, please note that the sequence for the Toronto Downtown court is a bit different, because it involves extra steps.

Exception - Downtown Toronto http://www.ticketcombat.com/step4/howtofile_harder.php

>> Radar, we need to include this info in the quick guide.


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by: Observer135 on
Mon Dec 20, 2010 5:34 pm

diehard wrote:
I believe you have to serve the Court and Prosecutors where the trial will be held.

If you read our quick guide above, please note that the sequence for the Toronto Downtown court is a bit different, because it involves extra steps.

Exception - Downtown Toronto http://www.ticketcombat.com/step4/howtofile_harder.php

>> Radar, we need to include this info in the quick guide.
So, it turns out you are absolutely right...
My wife called the court this morning and she was told you have to do it at the location where your trial is set to take place.
And, as my luck would have it (because I'm such a lucky guy, sarcasm) I have to go to the old city hall, which it turns out is the nastiest place to file a motion...
Wonderful, it never ceases to amaze me how well the system is designed to make life miserable for their citizens and difficult to fight a ticket, does any one remember the good old days? You were able to ask for a trial by simply mailing in your ticket, not only that, you had the option of asking for night court so that you would not have to take time off work to attend your trial. Then later on due to the fact that everyone was asking for night court they took that option away to ease the load on the courts, and now...
Well, we all know what is going on now...

Sorry about the rant... Just had to get it out of my system... If only I would have won the lottery so I could hire an attorney to the all the leg work for me, LOL


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by: hwybear on
Mon Dec 20, 2010 6:59 pm

Observer135 wrote:[... If only I would have won the lottery so I could hire an attorney to the all the leg work for me, LOL
If you won lottery you would have a chauffeur or be in the warm south
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: Radar Identified on
Wed Dec 22, 2010 11:11 am

diehard wrote:>> Radar, we need to include this info in the quick guide.
Done.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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by: Observer135 on
Sun Dec 26, 2010 4:09 pm

So, I feel very dumb, go ahead, lay it on me, I deserve it...
When I went to my first trial I got an adjournment since the prosecutor did not provide disclosure.
Well, my memory and my notes are playing tricks on me, I thought the date for the second trial was 14th of Jan, but then I recalled it was another Wednesday so I thought it must have been 19th not the 14th, but my note says 24th which is a Monday.
Now I'm totally you know what...
Is there anyway to contact the court to find out when the new trail date?
Has anyone had this type of a situation?

Cheers


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by: Radar Identified on
Sun Dec 26, 2010 9:11 pm

Yes, just call the courthouse and they should be able to tell you. Or, if you got the ticket in Toronto, call Court Services. Not sure of the exact number, though. But they'll be able to tell you.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Observer135
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by: Observer135 on
Mon Dec 27, 2010 8:29 pm

I am going there in person on Wednesday to file my motion, I think I'll go there with all 3 dates on hand and find out which one it is, then file the correct one.
I hope the court clerk can look it up and tell me, keeping my fingers crossed.

Thank you Radar Identified...

PS.
Love this site, ton of useful info and I hope to contribute some how...


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