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A request for an adjournment should be made at the beginning of the hearing. If the Member grants the request, the hearing will be adjourned to a date set by the Board, although the parties will usually have an opportunity to offer some preferred dates.
What is an adjournment? An adjournment is a suspension or postponement of a court appearance. If the court adjourns your appearance, this means it is on hold for some reason. A court appearance might be adjourned to a specific date or indefinitely (called “sine die”, meaning “without day” in Latin). You may hear a court appearance called a
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- General Principles
- Discretion of The Judge
- Other Reasons For Adjournment
An adjournment is re-scheduling of a court proceeding, be it arraignment, plea, trial, sentencing, or otherwise. The granting of an adjournments is at the discretion of the judge (e.g. see s.571 and 645; 669.1(2)), but in practice is a frequent occurrence. Powers of Clerk to Adjourn on Instructions A judge may direct a clerk to adjourn court to a s...
It is a discretionary decision on whether to grant or refuse a request for an adjournment.The discretion should be exercised judicially, giving proper reasons. Appellate Standard Review The decision is reviewable on the circumstances of the particular case, including the ability and quality of the accused.The question for the reviewing judge is whe...
Lack of Preparation
It is often expected that an adjournment will be granted where there is late arriving evidence. Where a lawyer fails to properly prepare, an adjournment is not required as there is a breach of their duty to the court and client.
Missing witnesses
In order to adjourn a trial matter on the grounds of missing witnesses, the applicant must establish: 1. that the absent witnesses are material in the case; 2. that the party applying has not been guilty of laches or neglect in arranging for the attendance of the witnesses; and 3. that there is a reasonable expectation that the witnesses will attend court on the date sought by the party applying for the adjournment. The judge may also consider other relevant circumstances.
Late Disclosure
A failure for the judge to grant a request for adjournment due to late disclosure can amount to an abuse of process requiring a new trial.Before ordering a new trial for refusing to adjourn on account of late disclosure, the court should consider: 1. the Crown’s assurance that disclosure was complete, 2. the timing and volume of disclosure, 3. the seriousness of the charges, 4. the requirements of a proper review procedure, and 5. the co-operative approach of defence counsel
May 9, 2019 · An adjournment is a postponement of a legal proceeding. The request is made by one of the parties to the litigation. The request can be met with agreement or opposition. Even with consent, an adjournment is not made as of right and must be judicially sanctioned.
Jul 3, 2013 · Requests for adjournments, particularly at the last minute, are a significant impediment to fair and timely access to justice. Therefore, the HRTO will only grant adjournments in extraordinary circumstances such as illness of a party, witness or representative.
explains what steps need to be taken to pursue a matter after an adjournment or withdrawal. 2.0 Adjournment or Withdrawal? 2.1 An adjournment means that the hearing will not go ahead on the scheduled day but will continue on another day.
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Dec 6, 2013 · Some of the factors that a discipline tribunal should consider when determining whether to grant an adjournment include: The number of times an adjournment has already been granted. If there have already been repeated requests, denial of an adjournment may be reasonable.
