Home | Browse Topics | Criminal & traffic law | The criminal courts | Jury trial callovers

Criminal & traffic law

The lead-up to the trial: Pre-trial processes

Jury trial callovers

Criminal Procedure Act 2011, Part 3, subpart 8

Jury trial callover

If you have chosen to be tried by a judge and jury, after the case review the charge will be put off to a “jury trial callover” – a pre-trial appearance before a judge to deal with procedural issues and make sure the case is ready to go to trial.

Date of callover

Criminal Procedure Rules 2012, rule 4.3

The callover must be held not more than 40 working days after the case was adjourned for the callover.

Notification to defendant of prosecution witnesses

Criminal Procedure Act 2011, ss 82, 92-93

Before the callover, the prosecutor must file formal statements from all potential witnesses who are to be called at the trial. Either side can apply to the court for an order permitting them to question a potential witness in person. However, there are special rules relating to complainants in sexual matters.

Trial Callover Memorandum

Criminal Procedure Act 2011, ss 87, 88; Criminal Procedure Rules 2012, rule 5.6

Before the jury trial callover, the prosecution and you or your lawyer must each separately file another document, called a “Trial Callover Memorandum”.

The prosecution’s Trial Callover Memorandum must be filed at least 3 weeks before the callover date; the defendant’s Memorandum must be filed at least five working days before the callover.

The Memorandums must include:

  • any pre-trial matters that need to be decided before trial
  • how many witnesses each side will have
  • the estimated length of trial
  • when the lawyers are available.

Trial Callover

At callover the judge and lawyers will discuss any pre-trial issues raised by the Trial Callover Memorandum. For example, it might be decided that a witness will give evidence by video because they are overseas at the time of the trial. Or some evidence might be excluded from being given to the court because it is not legally allowed to be presented. Once any issues have been resolved, a date will be set for the trial.

Next Section | The trial

Did this answer your question?

The criminal courts

Where to go for more support

Community Law

www. communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

“Lag Law: Your rights inside prison and on release”


Lag Law answers heaps of common questions you might have if you’re going to prison, you’re in prison, or you’re getting out of prison. It talks about your rights in prison, and sets out the laws and rules that affect you when you’re put in prison.

Order hard copies from:
Community Law Wellington and Hutt Valley
Phone: (04) 499 2928
Email: laglaw@wclc.org.nz

Ministry of Justice


The Ministry of Justice website has a range of pamphlets and other information on topics covered in this chapter. You can access this information online, or you can order hardcopies of the pamphlets from:

Phone: 0800 587 847
Email: publications@justice.govt.nz


Ministry of Justice Collections Unit – www.justice.govt.nz/fines

Phone: 0800 4 FINES (0800 434 637)
From overseas: +64 4 915 8586
From Australia: 1800 144 239 (toll free)

You can check or pay your fines by phone or online. The website has information about both infringement fines and court-imposed fines, and about reparations. The website also has information about District Court Collections Units.

Department of Internal Affairs – www.passports.govt.nz/what-you-need-to-renew-or-apply-for-a-passport/before-you-travel/

This webpage has information about paying your fines to avoid being stopped at the border.

Phone: 0800 PAYORSTAY (0800 729 677)

“Giving evidence” (Law Society pamphlet)


This pamphlet is for people who have to give evidence in court as a witness.

You can order hardcopies from the New Zealand Law Society:

Phone: (04) 472 7837
Email: pamphlets@lawsociety.org.nz

Department of Corrections


This website has information:

for offenders

for family and friends of offenders

about the Department of Corrections’ role in the community, including community work, supervision, home detention, and the role of probation officers

about the New Zealand Parole Board.

Victim Notification Register


This page on the Department of Corrections website has information about the victim notification register including, the process, how to apply, information victims can receive and how to make a complaint.

Restorative Practices Aotearoa


This website provides information on when Restorative Justice may be appropriate, and where in New Zealand Restorative Justice is available. You can also make an enquiry about Restorative Justice by filling out a form on their website.

Phone: 0800 RJA INC (0800 752 462)

Victim Support


Victim Support provides 24-hour support services to help New Zealanders rebuild their lives following a trauma or crisis.

Phone: 0800 842 846
Email: nationaloffice@victimsupport.org.nz

Victims Information


This is the website of the government’s “Victims Centre”. The site provides links to a range of services available to help victims deal with the practical and emotional effects of the crime, at each stage of the criminal and youth justice process.

Phone: 0800 650 654

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life.

Buy The Community Law Manual

Help the manual

We’re a small team that relies on the generosity of all our supporters. You can make a one-off donation or become a supporter by sponsoring the Manual for a community organisation near you. Every contribution helps us to continue updating and improving our legal information, year after year.

Donate Become a Supporter

Find the Answer to your Legal Question

back to top