Trial Coming Up This Week - Just Received Disclosure Today

[danw]

Disclosure requested: December 13th, 2011
Disclosure received: January 10th, 2012
Trial date: January 13th, 2012

Do I have a chance to get this trial postponed based on not having enough time to prepare my defence since I only received the disclosure now and given that the trial is only days away? If so, at what stage of the trial, or prior to the trial, do I make this request?

If not, then I plan on introducing photographs as evidence during the trial. Is there a specific time/place I have to disclose these photographs to the crown, or can I introduce them when I will be cross examining the police officer?

Thanks in advance

 

[toysareforboys]

Do I have a chance to get this trial postponed based on not having enough time to prepare my defense since I only received the disclosure now and given that the trial is only days away?

Yes and no. At my recent court date the person before me asked for an adjournment because he had received his disclosure the day before his court date. The court denied his request because he failed to request disclosure 45 days before his court date.

I looked everywhere for this 45 day thing and was unable to find it! I guess it's up to the Judge if he thinks you were lazy and purposefully requested late to delay your case (it seemed to me that he thought that with this guy).

Is there anything "incomplete" in the disclosure? Did they forget to include something you requested? Your best bet would be adjournment due to incomplete disclosure.

Good luck.

-Jamie M.

 

[GreyGhost]

Hey TAFB, welcome back haven't seen you around in a while.

OP, courts normally like the disclosure request at least 6 weeks before trial. You only sent it a month before the trial (and over xmas), how quickly were they supposed to get it back to you? They may give you an adjournment, but you will lose eligibility for an 11b as this delay is basically your fault. When I requested an adjournment in Toronto (due to a lack of disclosure), I discussed with the prosecutor before trial and she wasn't impressed that I had only sent the request 6 weeks before, she wanted at least two months but agreed to the delay. The request was presented to the JP (I don't remember whether I did it or her) and he approved the adjournment. He did add something in latin to the court record which basically meant 'no further delays' so I think he was ****** and the next court date was going to be my last chance (cop didn't show second day and I got off).

My strategy would be prepare for trial and if the cop shows, you could ask for the adjournment and hope he won't show next time. There is definitely no guarantee that you will get the adjournment though, so be ready.

No idea about the pictures.

 

[OpenGambit]

You do not have to disclose your evidence to the crown. pictures are introduced by live testimony.

Please google "introducing an exhibit" and you will get a general idea of how that is done. please do not include an facts of your case in further questions. hypotheticals are ok, procedural is ok. anything specific to your case I won't/can't answer.

 

[FiReSTaRT]

You requested it too late so chances are you won't get an adjournment. Typically, you should request it as soon as you get your notice of trial in the mail. You can do it over fax. NEVER use the form that they have in the courthouse. It typically allows your opponent to decide what you need in order to oppose him effectively.. Duh