The responsibilities of courts are to adhere to the law and adjudicate. There are circumstances when the court case ought to be postponed, even though it is a significant learning opportunity for the involved parties. This Business Kitz blog will discuss all you need to know about adjournment.
What does the term adjournment mean?
When a court case is delayed or rescheduled, it implies that the trial or hearing will take place at a subsequent time. A court case must be effectively adjourned based on persuasive arguments from one or both sides.
Why & when would be a court case be adjourned?
To secure that all parties participating in court cases have equal and impartial access to law, there are many instances in which you or your counsel could submit an application for adjournment within this paradigm.
Courts will likely postpone hearings in disempowered litigation matters to give the parties time to find suitable attorneys, acquire new evidence, change previously obtained police facts, hire counsel or interpreters, ask for charges to be dropped, or negotiate a private settlement.
The case may be postponed when the defendant makes their initial appearance in court so they can consult with an attorney or otherwise be ready for the hearing. You must provide a good enough justification for the postponement. A celebration, vacation, or social gathering won’t do.
Extenuating circumstances may cause the court to adjourn before a hearing or at any time throughout a trial. For instance, a number of court dates have been postponed as a result of the recent COVID-19 outbreak. In addition, a judge may choose to adjourn cases related to cases that are being appealed to the High Court, medical situations, and understaffed courts.
The majority of the time, the courts will grant an adjournment for personal factors like health problems; whether it be an illness or a non-cancelable appointment.
You can utilise an adjournment to get the crucial time you need to prepare prior to your court date. Your most effective option is to attempt to have your case dismissed before it ever enters the courtroom, rather than asking for an adjournment.
How do I adjourn a court hearing?
There must be reasonable justification for the request for an adjournment. You will frequently be required to submit supporting documentation when asking for an adjournment. It is reasonable to believe that a judge will grant an adjournment if you have strong justifications.
Can I submit my online adjournment application?
It is possible to request an adjournment online, however you can generally only do so if your case is being heard in the Magistrates Court. You start this process by emailing the court and outlining your justifications. However, as you are required to personally appear and respond to your notice to appear, it is typically not possible to request an adjournment via email on the first mention. If you do not meet these requirements, you must submit an application in person or through a legal representation on the day of your initial mention.