Before the trial date, what evidence may the court examine or order, and whose application starts that process?
General information · Not legal advice
Material to check
In a practice file we read the written application naming which of the prosecutor, the accused or defence counsel made it and what examination or order is sought, the court's record of any ruling refusing it, and the papers showing why the step is needed for trial preparation.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps every condition of the covered part: only on an application by the prosecutor, the accused or defence counsel, and only where the court considers the step necessary for trial preparation, may the court before the trial date examine the accused or a witness and order an inspection, an expert appraisal or a translation; a refusal of that application must be made by a ruling.
Another reading stresses that the provision writes who may apply and what follows on the application, but leaves open how the court forms the view that the step is necessary for trial preparation, so the file has to carry the material on which that view rests.
Your judgment
What in the file could show the court that examining this witness or ordering this inspection is necessary for trial preparation rather than merely useful?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or what the court may order before the trial date, or if a court decision explains when the court finds a step necessary for trial preparation.