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Modify tabs 1 to 4 of the Notice of Application according to your case. Notice of Application for Stay of Proceedings ( ) These are the two and only forms you will need Got my ticket in mid November of 2009 and the trial date was set for end of December of 2010, so thats more than 13 months.Īfter weeks of reading and discussion forums, I was still confused because of the many form names and the sequences described weren't clear enough in some points.Īnyway, I successfully submitted my application. This quick and simplified guide describes how to file an 11b. For details on how to do this, please see diehard's post below. The Prosecutor's Office and Court should be served in person. The Attorneys-General can be served by fax you will need to retain the fax receipts and also swear an Affidavit of Service (form 16B) that you served them. You need proof that you have served each party with the application. You need to serve the following parties with the 11B application at least 15 days (preferably 20+ days) prior to your court date: For a quick guide to that, please see this website: The exception to the filing process mentioned by diehard is the suffocating, depressing nightmare you will encounter at Old City Hall in Toronto. Stand your ground, but be patient, when filing. For example, when I had to file the Affidavits of Service, it took almost eight minutes of going back and forth with the clerk before finally a Supervisor stepped in, stamped the forms and said "okay you're good to go." Just be patient. Keep in mind that the clerks have very little training and sometimes you need to guide them, step-by-step, through what you are doing. Some threads cover this extensively, such as this one:ĭiehard, in the post below, covers the steps to follow.
![sample motion to dismiss traffic ticket sample motion to dismiss traffic ticket](https://cdn.uslegal.com/uslegal-preview/US/US-03341BG/2.png)
This website has some good information on how to put the paperwork together: That comes from two precedent-setting cases, R. We already discussed the time line above. You have to determine if you have a reasonable case for delay of trial. Locate a Commissioner of Oaths or Notary Public transcripts if you had a date in court already, etc) If you choose to file the 11B yourself, you'll need to do the following to get started:
![sample motion to dismiss traffic ticket sample motion to dismiss traffic ticket](https://img.yumpu.com/38853178/1/500x640/motion-to-dismiss-case-brennan-center-for-justice.jpg)
Be forewarned that filing this yourself requires a lot of work, and you still have to be prepared to present an argument in court. They both have their pros and cons, so you need to decide what is right for you.
![sample motion to dismiss traffic ticket sample motion to dismiss traffic ticket](https://www.pdffiller.com/preview/481/372/481372350/large.png)
You can file an 11B yourself, or you can hire a paralegal to do it for you. If you had a trial scheduled at 8 months, and then asked for a re-schedule because you were sick and the new time was 12 months after the ticket was filed, that is only considered "8 months." If, though, you asked for disclosure, and they didn't have it ready, that delay is "attributable to the Crown," and then it would be "12 months." In other words, you can't just keep asking for adjournments until it goes over 11 months and then file an 11B (unless it's the Crown's fault, e.g. Keep in mind, though, the delays have to be attributable to the Crown. Generally, it must have been at least 11 months between the time you filed your ticket with the courthouse and the proceeding of trial. There is a lot of good, useful information out there about how to file an 11B. You can't just show up in court and say "this took too long to come to trial." You MUST file the paperwork. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section 11B of the Charter of Rights and Freedoms guarantees you the right to a speedy trial. In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. Unread post by: Radar Identified on Sun 6:16 pm