When the hearing date is changed in a military court case, whose views must be sought first, and what happens if the application to change is refused?
General information · Not legal advice
Material to check
In a practice file we read the application asking for the hearing date to be changed, any note recording the views taken from the military prosecutor, the accused or defence counsel, and any record showing why the change had to be made at once; we also look for the order refusing the application and whether it was ever served.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's split: where the presiding judge changes the date on their own motion, the views of the military prosecutor, the accused or defence counsel must be sought, and where the change follows an application, the views of the other side or of counsel must be sought.
Another reading turns on the exception and on the order refusing a change: where the date had to be changed urgently, no views need be sought at all, and since an order dismissing an application for change is not served, the provision leaves open how and when a party learns that the application failed.
Your judgment
If the file shows the hearing date changed with no views recorded anywhere, what could show whether the change was urgent?
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 require service of an order refusing a change, or if a court decision explains what makes a change urgent or how a refusal is to be communicated.