Who may bring about a change of the trial date, and what becomes of an application the presiding judge refuses?
General information · Not legal advice
Material to check
In the practice material of this kind, we read the written application to change the trial date and who signed it, since the provision allows only the prosecutor, the accused or defence counsel to apply; we also look for any note of the ruling on that application and any notice of a new date.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: the presiding judge may change the trial date either on the judge's own initiative or on an application by the prosecutor, the accused or defence counsel, and the provision attaches no ground, no period and no limit to when in the case that change may be made.
Another reading notes that while a change may be granted, an order refusing the application is one the provision says shall not be served, so the refusal reaches nobody on paper and the file may show the original date simply running its course.
Your judgment
If the original trial date passes unchanged, what in the file could show whether an application was made and refused, or never made at all?
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 set a deadline for applying or to require that a refusal be communicated, or if a court decision explains how a party is meant to learn of a refusal that is not served.