If you are a party involved in a case heard in the Supreme Court, State Courts or Family Justice Courts (FJC), you must attend all court sessions when required unless the court directs otherwise.
If you have valid reasons why you cannot attend court on the date and time required, you must do both of the following:
Refer to the following to find out the process for applying to change your court date in the respective courts.
The procedure for applying to change a court date will depend on your case type.
If you are representing yourself in a criminal case, you can change your court date in one of the following ways:
Once your application is made, it will be referred to the relevant judge for consideration. If your application is approved, you and your bailor (if any) will be notified in writing or via ICMS of the new date and time to attend your court session.
If your application is not approved, you will also be notified in writing that you are to attend court on the original date stated.
A Warrant of Arrest may be issued against you if you do not attend court.
If you do not attend court while on bail (also known as jumping bail), your bailor will have to explain to the court the reasonable efforts that had been made in carrying out the bailor duties. In the event the court does not find that your bailor has valid explanations, your bailor may lose the money or property pledged as security.
If you are the party who files the claim (the claimant or plaintiff) or the party against whom the claim is filed (the respondent), you must attend any of the following (if applicable):
If you are not able to attend, you can apply to change your court date via the Community Justice and Tribunals System (CJTS). Login to CJTS and select Request for Change of Court Date under the Online Applications.
You will have to provide the reasons for your application and upload supporting documents to substantiate your reasons stated.
If your application is approved, the court will inform both you and the other party of the new court date. If you do not receive a response, you must attend the court session as scheduled.
The court may continue with the proceedings and issue a default order against you if you do not attend court. For example, if you are the claimant or plaintiff, your claim may be dismissed. If you are the respondent, a default judgment may be made in favour of the claimant.
The procedure to adjourn or vacate a hearing depends on the type of court session you have to attend.
If you are representing yourself in a civil trial, you will have to file the following via eLitigation at the LawNet & CrimsonLogic Service Bureau to apply to change your hearing date:
The court will notify you of the outcome of your application to adjourn or vacate the trial. If your application is accepted, a new hearing date will be scheduled.
If your application is not accepted or if you do not receive a response on the outcome of your application, you must attend court on the date as originally scheduled.
If you are representing yourself in any hearing other than a civil trial, you will have to file a request via eLitigation at the LawNet & CrimsonLogic Service Bureau to apply to change your hearing date.
Your request should:
The court will notify you of the outcome of your application to adjourn or vacate the hearing. If your application is accepted, a new court date will be scheduled.
If your application is not accepted or if you do not receive a response on the outcome of your application, you must attend court on the date as originally scheduled.
If you do not attend a hearing, the court may proceed with the case in your absence and may make orders as the court deems fit. The orders that the court may make include (but are not limited to) the following:
The procedure for applying to change a court date will depend on your case type.
You can change your court date via the Integrated Family Application Management System (iFAMS) for the following cases:
You will also have to provide the reasons for your application and upload supporting documents to substantiate your reasons stated.
Your request must be made at least 5 working days before the date you are scheduled to attend court.
If your application is accepted, the court will inform both you and the other party of the new court date. If your application is not accepted or if you do not receive a response on the outcome of your application, you must attend court on the date as originally scheduled.
If you are representing yourself in any other cases heard in the FJC, you can apply to change your hearing date in one of the following ways:
You should seek the consent of the other party or parties to the matter before adjourning or vacating a hearing. If the other party or parties consent to your request, you will have to attach a letter to your request stating that all parties have consented to your request to adjourn or vacate the hearing.
If the consent of one or more of the other parties is not obtained, the letter should state the reasons for the other parties' objections or explain why their consent could not be obtained.
The court will notify you of the outcome of your application to adjourn or vacate the hearing. If your application is accepted, a new hearing date will be scheduled. If your application is not accepted or if you do not receive a response on the outcome of your application, you must attend court on the date as originally scheduled.
The court may proceed with the case in your absence if you do not attend court. If you filed the application, the court may strike out your application. If you are the party against whom the application was made, a default judgment may be made against you.
The procedure for applying to change a court date will depend on your case type.
If you are representing yourself in a criminal case, you must seek the consent of the Public Prosecutor before filing your request for a change in hearing date. You will also have to copy the Public Prosecutor in all your correspondence with the court.
You can file your request to change your court date via one of the following ways:
Once your application is made, it will be referred to the relevant judge for consideration. If your application is approved, you and your bailor (if any) will be notified via email and post of the new date and time to attend your court session.
If your application is not approved, you will also be notified via email and post to attend court on the original date stated.
A Warrant of Arrest may be issued against you if you do not attend court.
If you do not attend court while on bail (also known as jumping bail), your bailor will have to explain to the court their reasonable efforts in carrying out their bailor duties. In the event the court does not find that your bailor has valid explanations, they may lose their money or property pledged as security.
The procedure to adjourn or vacate a hearing depends on the type of court session you have to attend. If you are representing yourself, you should seek the consent of the other parties to the matter before requesting an adjournment or vacation of a hearing date.
If you are representing yourself in a civil trial, you will have to file the following via eLitigation at the LawNet & CrimsonLogic Service Bureau to apply to change your hearing date:
The court will notify you of the outcome of your application to adjourn or vacate the hearing. If your application is accepted, a new hearing date will be scheduled.
If your application is not accepted or if you do not receive a response on the outcome of your application, you must attend court on the date as originally scheduled.
If you are representing yourself in any hearing other than a civil trial, or any matter before the Court of Appeal or the Appellate Division, you will have to file the following via eLitigation at the LawNet & CrimsonLogic Service Bureau to apply to change your hearing date:
Your application must be filed:
The court will notify you of the outcome of your application. If your application is approved, a new hearing date will be scheduled. If your application is not approved, you must attend the court session as originally scheduled.
If you do not attend a hearing, the court may proceed with the case in your absence and may make orders as the court deems fit. The orders that the court may make include (but are not limited to) the following: