Adjournment: legal definition and example

Definition

An adjournment is the postponement of a hearing or trial to a later date. In civil matters, the court may grant it only for a serious reason, such as the illness of a party or the unavailability of an essential witness, taking into account the parties’ interests and the proper administration of justice; it may impose conditions, including costs.

Example

On the morning of the trial, the plaintiff’s expert is hospitalized. The court grants an adjournment to a fixed date and orders the plaintiff to pay the costs incurred by the defendant for the lost day.

Legal references

  • Code of Civil Procedure, arts. 9, 158 and 174 (case management and postponement).
  • Criminal Code, s. 571 (adjournment in criminal matters); R. v. Jordan, 2016 SCC 27 (unreasonable delay).

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