If you receive a summons, you (or someone on your behalf, where permitted) must attend court at the time and place shown on the summons. It is an offence to fail to appear in court. If you have received a summons, you have been charged with a serious offence, that come with severe penalties, such as large fines, or licence suspensions, or jail sentences. You should contact a lawyer for assistance.

Who must appear?

Under the POA, section 50(1), a person charged with an offence may usually:

• Appear in court personally; or
• Appear in court through a representative, such as a lawyer or licensed paralegal.

If the defendant is a corporation, it must appear through a representative.

However, even if you have a representative, the court may require you to attend in person under section 51 of the Act. This can happen because:

• The justice of the peace believes it is necessary for you to attend;
• The court needs to ask you questions directly (for example, about a guilty plea);
• The offence carries a possible jail sentence; or
• The court issues a summons requiring you to appear personally.

What to do before your court date

Before your court date, you may:

1. Request disclosure. You are entitled to receive the relevant information in the prosecutor’s possession about your case, such as officer notes, witness statements, or photographs. Disclosure is free, but you must request it. Contact the court office listed on your summons to find out how to make this request.
2. Meet with the prosecutor. In some courts, you may be able to meet with the prosecutor before the trial to discuss whether the case can be resolved. This does not mean you are giving up your right to a trial. You may be able to make a deal with the prosecutor to reduce the charge against you, and in exchange, you agree to plead guilty to the lesser charge, for example, reducing a charge of careless driving to following too closely, possibly reducing your penalties.
3. Decide whether you will be calling witnesses.

What if you do not attend court?

If you do not attend court on the scheduled date, the following could happen:

1. The court may proceed with the trial in your absence
2. A warrant may be issued for your arrest

If the matter proceeds in your absence and you are convicted, you may be sentenced without being present. Further, on some circumstances, failing to attend court may result in an additional charge of “failing to appear.”

If you are convicted, you may have the right to appeal the conviction or sentence within the time set out in the POA.

Can you reschedule the court date?

If you know ahead of a scheduled court date that you cannot attend court or go ahead with your case, immediately contact the court office shown on your ticket or summons to ask if, and how, the date can be rescheduled.

More information

For more information about preparing and what to expect after receiving a summons, refer to the Ontario Court of Justice Guide for Defendants in Provincial Offences Cases.

								
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