Adjourn a Hearing/Trial (Small Application) Flashcards

1
Q

What are valid reasons for adjourning a hearing/trial?

A

A party is unavailable due to valid reasons (e.g., illness, unforeseen emergency).

Key evidence is delayed and not available before the scheduled hearing.

Settlement negotiations are ongoing and may resolve the dispute without trial.

An unexpected event (such as a major change in circumstances) impacts the fairness of proceeding as scheduled.

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2
Q

What is required in an adjournment application?

A

Application Notice (N244) – Formal request for adjournment.

Supporting Evidence – Explanation of why the adjournment is necessary (e.g., medical certificates, correspondence on settlement).

Notice to the other party (if possible) – Unless the situation is urgent.

Court’s Consideration – The court assesses fairness, case management, and the impact of the delay

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