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Sep 1, 2021 · If the appeal court allows the appeal, it can reverse or change the judge’s decision, or order a new trial or hearing. Otherwise the decision stands. The person who appeals must show that the judge's interpretation of the law or the facts affected the result. If the parties reach an agreement, this usually ends the judicial process.
Sep 23, 2022 · After a criminal trial ends in a conviction, the defendant can file a motion for a new trial. Courts grant these—though rarely—to correct significant errors that happened during trial or if substantial new evidence of innocence comes to light. A court may also grant a motion for a new trial if there has been a "miscarriage of justice."
General Principles. An adjournment is re-scheduling of a court proceeding, be it arraignment, plea, trial, sentencing, or otherwise. The granting of an adjournments is at the discretion of the judge (e.g. see s.571 and 645; 669.1 (2)), but in practice is a frequent occurrence. Powers of Clerk to Adjourn on Instructions.
Aug 13, 2023 · To appeal a conviction, the notice of appeal needs to be filed within 30 days from the end of the trial (i.e. 30 days from the date the accused was sentenced). If this date is missed, a motion for an order to extend the time to file the notice of appeal may be filed, along with an affidavit to explain the reasons for a delay in filing for an ...
Nov 9, 2022 · The Quebec Court of Appeal held that the delay for the first trial could not be considered for a stay entered after an appeal court had already ordered a new trial. The Court applied a two-step test that determined the delay was unreasonable based on the first trial’s delay. The Court upheld the stay of proceedings and dismissed the appeal.
The judicial pre-trial is a meeting between you or your lawyer, the Crown, and a judge. The purpose of the judicial pre-trial is to sort out issues before the trial or, if possible, resolve the case without a trial, which might involve a withdrawal of the charge (s), diversion, or a guilty plea. Unless the case can be resolved, at the ...
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What is a new trial grant?
(d) New Trial on the Court's Initiative or for Reasons Not in the Motion. No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a ...
