Sentences with phrase «judge orders otherwise»

However, if you are successful and do not have a lawyer, the court clerk (registry staff) prepares the order unless the judge orders otherwise.

As reported previously on Slaw by John Gregory, a protocol issued by the Superior Court of Ontario will, as of February 1, 2013, ban members of the public from using electronic devices in the courtroom unless a judge orders otherwise.

However, «Members of the public are not permitted to use electronic devices in the courtroom unless the presiding judge orders otherwise.»

13 Unless a judge orders otherwise, the responding party shall not be permitted to amend their pleadings in the proceeding, a) in order to prevent or avoid an order under this section dismissing the proceeding; or b) if the proceeding is dismissed under this section, in order to continue the proceeding.

(c) Any document served at least 30 days before the trial date shall be received in evidence, unless the trial judge orders otherwise (Rule 18.02).

Amendment to pleadings 13 Unless a judge orders otherwise, the responding party shall not be permitted to amend their pleadings in the proceeding, a) in order to prevent or avoid an order under this section dismissing the proceeding; or b) if the proceeding is dismissed under this section, in order to continue the proceeding.

READING OTHER PERSON»S ANSWERS INTO EVIDENCE (14) Subrule (13) also applies, with necessary changes, to an answer or information given by a person questioned on behalf of or in place of an opposing party, unless the trial judge orders otherwise.

DIRECTION, EVIDENCE BY AFFIDAVIT (20.1) A direction made at a conference that the evidence of a witness be given by affidavit shall be followed at trial unless the trial judge orders otherwise.

If the minor is over the age of sixteen years, the minor's consent in writing is required, unless the judge orders otherwise.

(b) a person examined for discovery on behalf or in place of, or in addition to the adverse party, unless a the trial judge orders otherwise,

The police officers attempted to cover up their behaviour and, despite these outrages, the Crown permitted them remain in court to assist with the prosecution until the trial judge ordered otherwise.

Not exact matches

A temporary restraining order (or TRO) against the ban had already been issued, but Judge Watson's order will remain in effect for as long as Hawaii's lawsuit challenging the order, unless a higher court rules otherwise.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed against order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was reorder to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was reOrder was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was reorder DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was remote.

Whereas the ABA has an entrenched pecking order (Biglaw, judges / academia, solo and small firm), online, you'll find that discourse moves readily across the lines in our otherwise stratified legal profession.

Under the province's current system, jurors who wish to pursue counselling must first obtain a trial judge's permission or a court order, otherwise they must pay for counselling on their own.

If the Newmarket court will insist that motions that can be heard by the Master must wait until the Master is available, as opposed to proceeding before a Judge at an earlier date (something I have not had the opportunity to inquire about as of yet), then numerous motions which could otherwise be heard in short order will have to wait many months to be adjudicated.

On Saturday afternoon, Judge Douglas P. Woodlock issued an order prohibiting the students and «all persons in active concert or participation with any of them» from «providing program, information, software code, or command that would assist another in any material way to circumvent or otherwise attack the security of the Fare Media System.»

However, the MCA has created a statutory basis for lawfully restraining an incapable adult and, where the restraining measures employed amounted to a deprivation of liberty, a judge sitting in the Court of Protection has the jurisdiction to declare such acts lawful under MCA s 15 (1)(c) or to make an order consenting to confinement which would otherwise be a deprivation of liberty under MCA s 16 (2)(a).

Unlike other TPOs, a protection order against workplace harassment must expire not later than fifteen days after the date the order is issued, unless otherwise ordered by the judge.

Unless and until the judge grants the motion and sets the eviction order aside, the eviction order is valid and enforceable (unless the court orders otherwise).

Now all cases will be decided by a judge unless the Court orders otherwise.

Fortunately there are still many vigilant judges who ensure that allegations of any sort are still proven before basing orders, interlocutory or otherwise, on their basis.

The Appellant alleged several grounds of appeal, including that the judge erred in his analysis of the child's habitual residence, in concluding that the Respondent had not acquiesced in the child's relocation, in failing to respect an order of the Montana court that it had no jurisdiction over the child's custody, and in failing to give effect to Article 13 (b) of the Hague Convention, which allows a court to refuse to return a child where there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project.

Should any member electing to retire under the Senior Status Program for Special Judges fail, when ordered by the Chief Justice to serve the requisite number of days not to exceed one hundred twenty (120) days a year for the five (5) year period outlined in this subsection, unless otherwise agreed in writing, he shall no longer be eligible for benefits computed under this subsection and shall return to the benefits otherwise provided under this chapter.

The changes, due to come into effect from April 2014 alongside reforms to «no win no fee» defamation and privacy cases, would enable judges to impose a one - way costs order where it is clear one side would not otherwise be able to take part.

Whenever an interlocutory injunction was applied for, the judge, if otherwise minded to make the order, should, as a matter of good practice, pay careful attention to the substantive relief that was, or would be, sought.

And it was required, in cases where the grand jury in attendance upon any of these courts should terminate its session without proceeding by indictment or otherwise against any prisoner named in the list, that the judge of the court should forthwith make an order that such prisoner, desiring a discharge, should be brought before him or the court to be discharged, on entering into recognizance, if required, to keep the peace and for good behavior, or to appear, as the court might direct, to be further dealt with according to law.

If spouses negotiate their property settlement rather than request an order from the court, they can choose to deviate from the property distribution requirements that a judge would otherwise need to follow.

Generally, the court assumes it is in the best interest of the child to have a consistent custody order, so it can be tricky to convince a judge otherwise.

Otherwise, the judge can order the parents to attend mediation to resolve child custody disputes, before the court issues a custody order.

Otherwise, the judge will probably order a hearing.

During that time, the individual with possession of the property will have the use of that property unless a judge issues an order directing otherwise.