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I have a court date on Monday. I asked for disclosure a while back but did not get it. When should I bring this up? I assume if I tell this to the prosecutor when I arrive he/she could just get the office to give me the notes on the spot and go to trial right then. Would it be better to tell the prosecutor to go to trial and then say I didn't get my disclosure?
Have all of your documentation about disclosure ready. Tell the Prosecutor you filed for disclosure but did not receive it. If they present you with the notes or whatever, tell the JP that you only just received disclosure from the Prosecutor and are not ready to proceed to trial. Tell the JP that you made several timely, appropriate requests and they were not given. If your disclosure requests were in order, the delay to the next trial date should not be charged to you. Usually, though, the Prosecutor won't present the disclosure "up front" and instead will wait for the JP to order him/her to produce it. After that, you can look at your total delay (offence to the next trial date). If it is over 11 months, 4 days, you could look at an 11B application.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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