Got a Red light ticket back Oct 9, 16. Went to first resolution didn't like the offer so asked for trail. Got Disclosure very quick as well as trail date (Feb 13, 16). The hiccup comes in today when I received a letter for a Notice of Motion, the prosecutor wants to change trail location and date due to the trail being set at the wrong court house "Should have been set in St. Catharines not Niagara falls" then citing officers availability. I imagine this is not very uncommon but the court will hear this motion on January 30 (11 days from getting the letter) and only 2 weeks before the trail. I have booked my time off for the original trail already, is there some argument I can make if I go to court on the 30th about timing issues/unfairness (I live over 70km away). As well if I wish to send a notice of motion do I not need to do this 15 days in advance of the motion?
any insight would be appreciated.
If you do not show up for motion date on January 30 then they will just move it.
If you do show up for the motion date, then you can argue that you do not want them to move it and why. The JP gets final decision on whether to move it or not.
Thanks alot for the input.
Is there any type of "appeal" process, if not how does this stop a prosecutor from filing and then handing out late notice, or no notice and if you are a no show the motion is carried?
It seemed if I could get the motion denied I would be home free as the reason to move the motion was the cop could not show that day.
Thanks again for the time everyone.
Say you were not given enough notice. Tell them why you can not attend. Tell them that you can only attend on the date previously set for the trial, and say they can bring the motion then if they want but you will still object to it.