What is the test for adjourning a trial on the grounds of the absence of witnesses?
Northwest Territories, Canada
The following excerpt is from R v D.B., 2011 NWTTC 18 (CanLII):
In Darville v. The Queen, 1956 CanLII 463 (SCC), [1956] S.C.J. No. 82, 116 C.C.C. 113, 25 C.R. 1. , it was held that the conditions that must ordinarily be established in order to entitle a party to an adjournment on the ground of the absence of witnesses are: a) that the absent witnesses are material witnesses in the case; b) that the party applying has been guilty of no laches or neglect in omitting to endeavour to procure the attendance of these witnesses; c) that there is a reasonable expectation that the witnesses can be procured at the future time to which it is sought to put off the trial.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will the court award a husband's costs in a family law trial? (Northwest Territories, Canada)
What is the test for a court to entertain a case in the absence of a live controversy? (Northwest Territories, Canada)
What is the impact of sanctions against a member of the Royal Canadian Navy who commits acts of sexual assault? (Northwest Territories, Canada)
What is the effect of construction on the court's premises? (Northwest Territories, Canada)
In what circumstances will a judge make a child support order retroactive to the date of the date the Respondent's first child was born? (Northwest Territories, Canada)
What is the test for certification of a national class action? (Northwest Territories, Canada)
What is the test for a court to entertain a case in the absence of a live controversy? (Northwest Territories, Canada)
Does a Power of Attorney have a beneficial interest in a bill of sale? (Northwest Territories, Canada)
What is the definition of “obstructing”? (Northwest Territories, Canada)
What is the standard of review for the challenged decisions? (Northwest Territories, Canada)
