Transferring a case to a different Court

Discodog

I am trying to help a very confused friend. He's summoned to appear on motoring offences at a very rural Galway Court. He wants to get the case transferred to the main Court in Galway city as he lives closer to here. I helped him email the Galway City Court to ask for a transfer but the reply came back that he would "have to get the City Council to apply in the rural Court" . But the only contact information, for the case, is the City Court. Is this correct ?

coylemj

If your friend was accused of a motoring offence as a result of an incident in Wexford, does he think he could apply to have the case heard in Galway city and have the Gardai and any civilan witnesses travel across the country, just to facilitate him?

By 'very rural Galway', I take it you mean remote from Galway city. But he's probably been summonsed to appear there because it's near where the incident happened and probably close to where the Garda who is prosecuting the case is stationed.

Discodog

The incident happened closer to Galway than to the proposed Court. I am simply asking about the procedure not whataboutery.

AnRothar

How many courts are there in Galway?

a very rural Galway Court

I can only find Tuam and Loughrea outside the city.

Neither are "very rural".

Is your friend unable to travel?

Peregrinus

In County Galway, the District Court sits at Clifden, at Cill Rónáin (on Inishmore) and at Doire an Fhéich (Derrynea), which is just outside Costelloe, as well as in Galway City. The court office in Galway serves all four venues.

OP says he's been advised to get the City Council to apply to have the matter listed for a hearing in Galway town. Someone has their wires crossed, I think — I don't see where the city council comes into a prosecution for a motoring offence.

Discodog

Thank you. That's what I thought. So what's the procedure to apply for a transfer ?

Peregrinus

To be honest, I don't know. Have you considered contacting the prosecuting guard, and asking him if the case can be transferred? If he's agreeable he may organise the transfer for you, or at least give you a steer on how to do it. They are generally fairly businesslike about these things, and appreciate defendants who engage in a straightforward manner with the process rather than hiding from it. So, while he may have other reasons for wanting the listing to stay where it is and they may (to him) be good reasons, he's unlikely to refuse to agree to a transfer out of bolshieness.

NUTLEY BOY

I would have thought that the defendant would have to apply to the District Justice sitting in the court venue specified in the summonses for an order to transfer the hearing to an alternative venue. That would probably involve appearing at the court venue which the defendant does not want in order to make the application !

The defendant would want to have an argument of substance for a change of venue as the balance of convenience seems likely to weigh against him.

Is there any other reason besides geographical convenience for a transfer of venue ?

Discodog

No. I just thought that it would be reasonably simple. My friend will have to stick with the original Court & incur a three figure taxi cost.

coylemj

The court staff told the OP that the 'City Council' would have to agree to have the case moved. Which suggests this is a parking offence. Still can't see how it can be transferred without someone having to show up in the courthouse specified on the summons. Which would defeat the purpose of having it moved because that would require two court appearances - one in the rural court to apply for the move and another in the court in Galway city to answer the charge.

OP clearly want to get the case transferred without having to make an pappearance in the 'very rural Galway court' but I don't think that's possible. The summons says that the OP must answer the charge in the rural court, it's difficult to see how the case can be moved without a order by a judge sitting in the original courthouse.

Glittering_Fault_720

Op could always instruct a solicitor if he does not want to attend.

wonski

https://www.boards.ie/discussion/comment/120468747#Comment_120468747

Think of it from the other side- I had my car crashed into by drunk driver.

Should they be allowed to move the case to the court of their choice so I spend hundreds to travel to just to accommodate the needs of the person who was potentially at fault or maybe, just maybe they should defend themselves at the court where the offence took place?

walterking

https://www.boards.ie/discussion/comment/120468747#Comment_120468747

It is unlikely it can be transferred as the prosecuting Garda is probably in that court area.

There should be a bus available - if not he/ she could hire a car for the day.

Another alternative is to write to the court clerk and copy in the Garda providing your comment on the case and ask if they can deal with it in your absence due to difficulties getting to the hearing.

Jim2007

https://www.boards.ie/discussion/comment/120468747#Comment_120468747

Unless he is expecting his license will be suspended, surely he can drive there, he is charged with a motoring offense, so presumably he has a car….

Claw Hammer

https://www.boards.ie/discussion/comment/120482740#Comment_120482740

Writing to the court clerk is not a viable alternative. The defendant can't give evidence in writing and the case will be dealt with on the basis of a non appearance. Thgis usually results in a higher fine than an appearance and apology.