How does trial work in Ontario?
The provincial court judge will order you to stand trial in front of a superior court judge (alone or with a jury) at a later date if there is sufficient evidence that you committed the offence with which you are charged. You may plead guilty or not guilty.
How does a court case go to trial?
At a committal hearing a Magistrate will listen to (or read) the evidence and decide if there is sufficient evidence for the defendant to be tried in either the County/District or the Supreme Court. If the Magistrate decides that there is sufficient evidence, then the defendant will be committed for trial.
What are the steps in the court process?
Trial can be divided into four stages: the opening proceedings, examination of evidence, questioning of the defendant, and the closing arguments.
How long does it take to go to trial in Ontario?
Provincial court trials should be completed within 18 months of charges being laid, but can be extended to 30 months if there is a preliminary inquiry. Any delays beyond these time frames are “presumptively unreasonable” and violate the accused’s charter right to be tried within a reasonable time, the decision said.
What is the pre trial process?
A pretrial hearing, sometimes called a pretrial conference, is a meeting of the defense, the prosecution, and the judge before a trial commences. If one party does not appear, the judge can impose sanctions. During this hearing, a range of documents may be presented, evidence can be presented and excluded, and more.
Who goes first at trial?
The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.
What happens if you lose trial?
Seasoned criminal defense lawyers who lose a trial will remind the judge that “x” was offered before trial and there is no reason to exceed “x” after a guilty verdict. Fair judges will adhere to their principles and impose the sentence that was offered before trial. Many however will not.
What are the 8 stages of a criminal trial?
Eight stages:
- Trial initiation.
- Jury selection.
- Opening statements.
- Presentation of evidence.
- Closing arguments.
- Judge’s charge to the jury.
- Jury deliberations.
- Verdict.
What steps are typically taken before the start of a criminal trial?
The criminal court process in California proceeds chronologically through three primary phases: (1) arraignment and pretrial, (2) court or jury trial and (3) post-conviction proceedings. Some cases get resolved at an early point in this process by way of a plea bargain or a dismissal by the court or the prosecutor.
Do you go to jail right after trial?
A defendant who has been given a sentence of jail time often wonders whether or not they will be taken to jail immediately. So, in short: yes, someone may go to jail immediately after sentencing, possibly until their trial.
What’s the best color to wear to court?
The best color to wear to court is probably navy blue or dark gray. These colors suggest seriousness. At the same time, they do not come with the negative connotations that are often associated with the color black (for instance, some people associate black with evil, coldness, and darkness).
How does the Ontario Court of Justice work?
Judicial Criminal Pre-trial Best Practices The Ontario Court of Justice is committed to ensuring the fair and timely resolution of criminal charges. Reducing trial continuations and collapse rates furthers this goal. To achieve this goal, judicial pre-trials will effectively address:
Which is the first step in civil litigation in Ontario?
The first step in the litigation process is to decide which court the action should be started in. If a person’s claim is for $25,000 or less, the action must be started in the small claims court. Claims for more than $25,000 should be started in the Ontario Superior Court of Justice.
Where can I find Ontario Criminal Court rules?
These rules can be found on the Court’s website at: https://www.ontariocourts.ca/ocj/criminal-rules/. If you do not comply with these criminal rules, you can ask the judge to still allow you to proceed with your application.
How does a civil case work in Ontario?
In Ontario, disputes involving money, property or rights to property are often resolved within the civil (as distinguished from the criminal) court system. Civil cases are governed by the Rules of Civil Procedure, case law (also known as common law) and statutes, such as the Evidence Act.