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1. How can I change my trial date once it has been scheduled?
You must attend at the court where your trial is scheduled at least 10 days before the
scheduled date of your trial.
You will complete a Notice of Motion advising the court of your request to change your trial
date and then swear an Affidavit in support of your request. The motion will be scheduled for
the next available court date (approx 3-7 days later) at which time you must attend so that
your motion may be spoken to. If your motion is granted a new trial date will be issued at the
motion hearing.
If there is less than 10 days before your trial date then you or someone acting as your
agent must attend at the trial date to request an adjournment at that time.
2. I did not receive my Notice of Trial and now I have been convicted - what can I
do?
You must attend at the court where your trial was scheduled and swear an Affidavit
(Section 11 Affidavit) advising the court that you did not receive your Notice of Trial. This
must be done within 15 days of becoming aware that you were convicted.
This affidavit will be reviewed by the Justice of the Peace and it will be considered for a
re-opening of the case. If granted, a new trial date shall be issued. You are obligated to
confirm your address with the court and to follow-up with the court to get this new trial date,
especially if there appears to be a problem with your mail delivery.
3. How do I order disclosure?
Once you have received a trial date, disclosure can be requested in writing from the
prosecutor's office.
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