Court Date Adjournments In Alberta
Attending court is a stressful experience that can be complicated by the fact that the Courts often need to accommodate the schedules of busy individuals. Even when all parties in an action finally agree on a date, it can be frustrating to find out that a party made a request for an adjournment. Courts regularly deal with adjournment requests for hearings, application deadlines and trials. However, most legislation do not provide guidance on how to request for an adjournment. When the court receives an adjournment request, no obligation exists for the court to grant the request. Rather, the court must carefully consider the reasons for requesting an adjournment and grant one when appropriate to do so. The court adjournment lawyers at Kahane Law Office help if you need to put off a specific court appearance date.
What Is An Adjournment?
If an adjournment is granted, the court application gets postponed to a later date. In order to receive an adjournment, the parties in an action must either inform the Courts that everyone agrees to the adjournment or apply to the Courts for permission to adjourn the court application.
How Courts Decide To Grant An Adjournment?
Although most adjudicators have discretion when deciding whether to grant an adjournment, case lawsupports the granting of an adjournment if not granting it violates the principles of natural justice. The principles of natural justice provides that all individuals have a right to a fair hearing in court. A fair hearing means that all the parties in an action are able to meet the case against them by responding fully to the opposing party’s arguments and evidence against them before a decision-maker. Accordingly, if a party requests for an adjournment because he or she is unable to fully present his or her case in front of the decision-maker, the Courts will likely grant the adjournment.
In general, when ascertaining whether to grant an adjournment, the Courts take into consideration two key factors:
- whether the reason for the adjournment is legitimate; and
- whether denying the adjournment will adversely impact a party’s ability to present his or her case.
Areas Of Law That Require Adjournments
Any court date that requires an appearance, potentially requires an adjournment. This includes all levels of Alberta court. Usually court adjournment lawyers practice in the area requiring the specific adjournment. Adjournments get requested frequently, but most often happen with:
Court Dates Previously Adjourned Numerous Times?
When matters get adjourned several times, the Courts may deny your request for an adjournment. However, the Courts assess the reason for the adjournment on a case-by-case basis.
What If An Adjournment Causes A Long Delay?
Occasionally, an adjournment will cause a lengthy delay before the matter can be heard again. If a large amount of time has already passed, the Courts are less likely to grant an adjournment. This is because the Courts recognize that the quality of evidence tends to deteriorate over time.
What If My Lawyer Cannot Make A Court Date?
If a lawyer you have retained is unable to represent you in court on a certain day, the Courts will likely adjourn your matter to a date that your counsel is available on. Furthermore, the Courts generally allow adjournments for a reasonable period of time to allow parties to retain a lawyer. However, keep in mind that in granting an adjournment, the Courts may impose conditions such as requiring the parties to retain counsel before a specific date. Additionally, it is reasonable for the Courts to adjourn matters when unforeseen circumstances occur that impact a party’s ability to attend court, such as illness, bad weather or a flight delay.
Getting Time To Fix Procedural Defects
In certain situations, adjournments can cure procedural errors. For example, if a party failed to properly served the other party or has received inadequate disclosure, the Courts may grant an adjournment to allow time for the procedural defect to be corrected in order to ensure that the process is fair for all parties involved.
What If New Issues Arise As My Case Progresses?
If new issues arise as your case unfolds, the Courts may grant an adjournment prior to hearing new allegations. An adjournment ensures procedural fairness as the impugned party will have time to meet the against him or her and prepare a response.
When Do the Courts Refuse to Grant an Adjournment?
When the reason for requesting an adjournment is unrelated to bolstering procedural fairness, the Courts may reject an adjournment request. For example, parties that seek to postpone the matter because of their lack of diligence, it would be inconvenient for them to take time off work or they would be out of the country on vacation, would likely have their adjournment request rejected. Times exist when court adjournment lawyers cannot delay a court appearance date.
Calgary Court Adjournment Lawyers
When seeking an adjournment, be sure to include reasons for your application and supporting evidence. If you require assistance with seeking an adjournment, speak to a lawyer who can advise you on what to say during your application and the ideal time to make your application. Whether you seek an adjournment in matters relating to civil litigation, family law, criminal law, personal injury, or small claims, our experienced team of lawyers are here to help. We understand that litigation is stressful. Let us take the burden off your shoulders. Call our court adjournment lawyers in Calgary at (403) 225-8810, or toll free at 1-877-225-881, or email us directly here.