Changing My Court Date

Question: How many times will the courts allow a court date to be postponed? I am fighting an alleged excessive speeding ticket.

My lawyer was unable to attend the first date due to scheduling conflict. Now my lawyer has moved on and I need another lawyer. Will the courts allow a second postponement?

My next court date is about 1 month from now.

Adjourning a Court Date

There are two ways to adjourn a court date. One is to complete and forward a written application to the Violation Ticket Centre and the other is to appear in court on the date and ask the Judicial Justice (JJP) for an adjournment.

The first of the two, done as far ahead of time as possible, is the most likely to succeed.

It Will Depend on the JJP

It all depends on the JJP who is asked for the adjournment and whether the request is a reasonable one. In your case you should be explicit in your written reasons on the application. Information that is important to include:

1. The date of the first adjournment
2. The date your first lawyer advised you they would not represent you further
3. What steps you have taken or plan to take to retain a new lawyer
4. How long you will need for the adjournment

If there are 14 days or less remaining between the first lawyer's notice and the trial date, contact the court registry at the place of the trial for advice.

Peremptory Adjournments

The JJP can make an adjournment peremptory on either the driver or the officer. What this means is that the court will not allow another adjournment and the driver or officer must be prepared to proceed on the next date.

Don't Wait

If you are going to apply for a second adjournment, don't waste any time! Make the application and the attempt to find a second lawyer your number one priority.

Learn More

• Application to Adjourn a Hearing
• R v Sandoval - Case Law on Refusal to Adjourn

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