From what event does the time to request a full trial of a summary order run, and who may make that request?
General information · Not legal advice
Material to check
In a practice file of this kind we check the paper showing the day the notice of the summary order was received, any written request for a full trial and the date stamped on its submission to the court that made the order, and whether the prosecutor or the accused made it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading counts the period the provision sets from the day the notice of the summary order was received: both the prosecutor and the accused may request a full trial within that period, the accused being unable to give up that request, and the request must be in writing and submitted to the court that made the summary order.
Another reading notes that the provision fixes when a request may be made, not what follows when it is made outside that period or lodged with a court other than the one that made the summary order, so the consequences of such a step are left open by this text.
Your judgment
If a written request for a full trial reaches the court late, what in the file could show whether the step still stands?
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 period, its starting point or the court to which the request must be submitted is amended, or if a court decision sets what follows when a request is made late.