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Court date soon, not given enough time to get disclosure
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PostPosted: Tue Nov 19, 2013 4:45 pm 
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A little bit confused on what to do any advice appreciated.

I received a speeding ticket back in July for going 60 in a 40 zone, it got reduced to 50 in 40. I requested a trial and received my notice of trial on October 29. The issue date on the notice was October 18 and the trial date was November 26. I went into the prosecutors office asap to request disclosure on October 31. However the time between the issue date and my trial date (not even counting the time it took for Canada Post to deliver the notice) was less than 6 weeks and therefore I was told that my request is considered late. Now I plan to request a stay of proceedings due to this fact, my question is do I need to file a form 4F or any other kind of paperwork to serve to the prosecutor in person or do I just wait until I go to court and orally request a stay.

Thanks for the help!


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Re: Court date soon, not given enough time to get disclosure
PostPosted: Tue Nov 19, 2013 4:57 pm 
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You won't get a stay. You'll simply get an adjournment to another date, either with the disclosure given to you at the appearance or prior to the next court date.


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Re: Court date soon, not given enough time to get disclosure
PostPosted: Tue Nov 19, 2013 5:05 pm 
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So what happens when I go to court? When i have a meeting with the prosecutor before the trial what do I tell them? Also can I ask the prosecutor if the officer is present before the trial? I don't want to ask for an adjournment if the cop is not there, and will I be able to find out if the cop is there before my trial starts and I am asked how I wish to proceed (can't really remember his face).

Sorry for all the questions, first time going to traffic court or any court at all lol.


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Re: Court date soon, not given enough time to get disclosure
PostPosted: Tue Nov 19, 2013 5:16 pm 
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Just tell them what you indicated in the original post. You don't have disclosure yet.The prosecutor isn't likely to tell you whether the officer is there or not. You need to ask for an adjournment because the only other option will be to proceed with the trial without disclosure.


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