本文发表在 rolia.net 枫下论坛There are several ways to request a change to your trial date. It will depend on whether the date for your trial is the first trial date, or a second or subsequent trial date.

If it is the first trial date that you cannot attend, you or your agent (this can be a family member or a licensed paralegal or lawyer hired by you) may attend at the prosecutor's office at the court location shown on the Notice of Trial (between the hours of 9:00 a.m. and 4:00 p.m. before the first trial date) and fill out a 'Request For Adjournment of First Trial Date' form.

Request for Adjournment of First Trial Date for Newmarket in pdf PDF format or doc MS Word format
Request for Adjournment of First Trial Date for Richmond Hill in pdf PDF format or doc MS Word format

If the prosecutor's office consents to adjourning your matter, you will be able to choose a new trial date from those that are available to the court. Once the form has been completed and signed by you and the prosecutor, and a new trial date, time and courtroom have been noted on the form, you will be provided with a copy of that form. It is important to note that nothing else will come in the mail with the new trial date. A copy of the Request for an Adjournment Form can be obtained at the prosecutor's office, or by clicking on the link above (please use the form for the court location applicable to your charge).

If it is not the first trial date (i.e. the case has already been adjourned one or more times), or if the prosecutor will not consent to an adjournment of your first trial date, you or your agent must attend at the court office shown on the Notice of Trial to complete, serve and file a Notice of Motion requesting a change of the trial date. The Notice of Motion must explain why it is that you cannot proceed on the scheduled trial date (e.g. conflicts with business trip or vacation, an essential witness is not available due to illness, vacation etc.). The motion requesting the adjournment may be heard on any date prior to your trial date that the court is sitting, but it must be served on the prosecutor's office and filed with the court at the court office shown on the Notice of Trial at least three (3) business days (does not include weekends and/or Ontario Statutory holidays) prior to the hearing of the Motion.

It is important to note that the date for the hearing of your motion is a court date that you or your agent must attend in order to request your new trial date. The court may grant or refuse your adjournment request.

If you cannot attend court on your trial date and you cannot bring a motion before the trial date as a result of a last-minute emergency, you may send someone to the court on your trial date in order to request a new trial date. The court may or may not grant a change of trial date. If the adjournment is granted, a new trial date will be set. If the adjournment is refused, the court will proceed to deal with the charge. Make sure that the person you send is at least 16 years old, has your authority to appear on your behalf and that they are able to explain the reason why you could not attend your trial. If you wish, you may also give the person your authority in writing to speak to the prosecutor about a possible resolution to the charge(s). You must give them the authority to enter into a guilty plea to the charge or to a lesser charge, as well as the amount of the fine that you are proposing to pay or willing to agree to. The court is not bound to accept a plea resolution or a fine proposal.更多精彩文章及讨论，请光临枫下论坛 rolia.net