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What is a judicial pre-trial?

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What is a judicial pre-trial?

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What is a judicial pre-trial?
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Reviewed: 
November 20, 2017
Answer

A judicial pre-trial is similar to a Crown pre-trial, except a judge helps:

  • resolve the matter in a way you and the Crown agree with, or
  • make the trial shorter by reducing the number and complexity of issues to be discussed

The judge may also say what they believe would be fair in your case if there was a trial. They do this based on the law and the circumstances of your case.

Asking for a judicial pre-trial

You must have a Crown pre-trial before a judicial pre-trial. After the Crown pre-trial, you or the Crown can ask for a judicial pre-trial.

If the Crown or your lawyer thinks your case will take a lot of time in court, you may be required to have a judicial pre-trial. This decision is based on the court procedure at the courthouse. You can also ask for a judicial pre-trial if you are missing disclosure, or want to encourage plea negotiations.

You can have a judicial pre-trial without a lawyer. If you don't have a lawyer, your judicial pre-trial will be held in the courtroom. Duty counsel may be able to help you.

If you have hired a lawyer, you will not go to the judicial pre-trial. It will happen without you in the judge's office or another room in the courthouse.  The Crown, your lawyer, and a judge will be present.

After the judicial pre-trial

After the judicial pre-trial, you can:

If you adjourn your case, you will have time to think about what to do next, such as whether to hire a lawyer.

If you don't have all of your disclosure, it may be a good idea to adjourn your case until the Crown gives it to you. It's a good idea to wait until you have complete disclosure before you make important decisions about your case.

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