How long before the first trial hearing must the summons have been served, and when may that waiting period be dropped?
General information · Not legal advice
Material to check
In a practice file, we read the proof of service of the summons, to find the date the summons was served on the accused, and the record of the first hearing day, to compare the two dates. We also check the file for anything showing whether the accused raised an objection when the hearing date was set.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the first trial hearing must be fixed with a grace period of at least the period the provision sets, counted from the day the summons was served, so the two dates must be compared against the service date shown in the file.
Another reading looks to the second paragraph, which lets the court dispense with that grace period where the accused raises no objection, and it leaves open what the file must show for the accused to count as having raised no objection.
Your judgment
If the accused was told of the hearing date and said nothing, what in the record would show whether an objection was raised or not?
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 the length of the grace period or the way the accused's objection is recorded, or if a court decision explains when silence counts as raising no objection.