When submitting case law for reference to a defense argument, is there a specific point during the trial that you must pass the copies to the JP and Crown? Or do you just refer to the case during final arguments and pass along the copies when requested?
Case Law submission...
When submitting case law for reference to a defense argument, is there a specific point during the trial that you must pass the copies to the JP and Crown? Or do you just refer to the case during final arguments and pass along the copies when requested?
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ticketcombat
- Sr. Member
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- Joined: Mon Jun 30, 2008 5:59 pm
Re: Case Law submission...
As you are making reference to them, you can submit them. Case law is not evidence so you don't give them a letter (e.g. defence exhibit A), you just hand them over. If you want to be "fancy", the rule for civil/criminal procedures outline creating binders in which you put all your material under well marked tabs. You hand over 2 copies (one for the Crown and one for the justice) of the binder at the beginning of your argument and then refer to the tabs as your argument progresses. For example: Tab 1: Your factum Tab 2: case law - R. v. Bob Tab 3: case law - R. v. Mary Tab 4: copy of disclosure request Tab 5: copy of relevant section of HTA
As you are making reference to them, you can submit them. Case law is not evidence so you don't give them a letter (e.g. defence exhibit A), you just hand them over.
If you want to be "fancy", the rule for civil/criminal procedures outline creating binders in which you put all your material under well marked tabs. You hand over 2 copies (one for the Crown and one for the justice) of the binder at the beginning of your argument and then refer to the tabs as your argument progresses.
For example:
Tab 1: Your factum
Tab 2: case law - R. v. Bob
Tab 3: case law - R. v. Mary
Tab 4: copy of disclosure request
Tab 5: copy of relevant section of HTA
Fight Your Ticket!
Re: Case Law submission...
Thanks, Not getting fancy ;) Prefer the naive "new-guy" approach (comes easy, LOL). Book
Thanks,
Not getting fancy 
Prefer the naive "new-guy" approach (comes easy, LOL).
Book
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