Procedure for Appearing in Court over a bi-law matter

Appearing in Court over a bi-law matter

First appearance

On a first appearance one should make a Special Appearance to challenge the jurisdiction of the Court, to find out more on this subject follow this link:

If one chooses not to make a special appearance then the following applies:

One will be asked to identify oneself for the record.

Then the charges against the accused will be read.

One will then be asked to plead.

One may plead guilty, not guilty or say nothing.

If one does not answer the Court will enter a not guilty plea on the accused's behalf.

Trial

Second Appearance

One will be asked to identify oneself for the record.

Witnesses

The Prosecutor will call any witness they have, likely the Police officer or by-lay enforcement Officer who wrote the ticket.

When the Witness takes the stand they will be sworn in, meaning they took an oath to tell the truth, which makes they liable for perjury if they lie under oath.

The Accused make also take the stand to witness in one's own defense, the procedure will be the same, except one will not question oneself, only give testimony of the events surrounding the alleged offense.

The Persecutor will ask a string of questions. When finished one will be able to question the witness.

One will have an opportunity to cross examine the witness and ask what ever questions one believe are relevant to the accused's defence or to remove the credibility of that witness. When one has no further questions the Prosecutor/Solicitor on behalf of the Municipality may redirect some final questions.

Argument

The Prosecutor/Solicitor on behalf of the Municipality will make a presentation of the evidence they have against the caused and argue why the condition by which the city is entitled to charge the accused with infraction exists and that the accused is guilty of the offence.

One will have the opportunity to bring argument of how the bylaw infraction does not apply to oneself, or one is innocent of the claims against oneself and or how incredible the witness against the accused was.

Judgement

The Court will render judgement based on the evidence presented, credibility of the witnesses and the argument forwarded, as well as any other relevant factors.

One may have an opportunity to say a few words before the Court renders judgement, this is one's chance to say something onto the record, which may change the judges mind or cause him/her to modify the judgement.

The Court will render a decision and or Orders at this time.

Appealing / Judicial review

If one are unsatisfied with of the conduct of the Judge at the Hearing one may file a complaint to the New Brunswick Judicial Council.

If one are unsatisfied with the results of the hearing one may file an Application for Judicial review under Rule 69 of the Rules of Court to have the judges decision reviewed.