A procedural matter before trial

PaulinCanada
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A procedural matter before trial

Unread post by PaulinCanada on

I have a speeding trial this week coming up, and I requested disclosure. Last Thursday the office called and told me it was ready, but that it couldn't be mailed in time, so I could get it at the trial. And its far way from my home so I couldn't pick it up.

Obviously I will not have had time to prepare for trial when I receive it that morning.

Prior to pleading do I need to make a motion for adjournment? Or does the prosecution? I don't want to prejudice my rights if the delay for the new trial gets into the territory for having it dismissed under the Charter.

So how does one get an adjournment but make it clear that its the crown's fault due to their late disclosure?

thanks in advance


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FyreStorm
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Unread post by FyreStorm on

Advise the Justice that you were notified that disclosure was not available til Thursday, and the logistical issues around it, then request an adjournment, it won't be cited against you. It's the prosecution's delay.


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