Making the Argument in Court

Once your motion for a stay is accepted, you will have to state why your charge should be stayed.

If you filed the paperwork with the court in advance, do not expect the justice to have read your application before your trial. Often settlements, withdrawals or adjournments are agreed to before trial. So they won't read paperwork unless they really have to.

This means you should be prepared to take the justice through your application, explaining what happened and why you want the stay. They will likely read the document in the court while you are speaking so leave ample pauses while you are talking to allow them to read the documents.

Likely they will not be familiar with any case law you cite. Be prepared to point out the relevant paragraphs in the case law rather than having them wade through all the documents. Make it easy for them and they will be easy on you.