How to Adjourn a Trial Date

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Are you expected to go to trial but the date selected is not good for you? Do you have something crucial going on that day that requires you to postpone the trial? Are you or a member of your family ill and not able to attend your trial? It happens. Here are some suggestions of how to properly adjourn a trial when you are representing yourself.

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Instructions

Difficulty: Easy

Things You’ll Need:

Paper and ink or computer print out
Calendar or date book
Someone to speak for you

Step1

Since mediation precedes a trial, if it is determined at that point that the issue needs to go to trial, make it clear to the mediator what days are not good for you so that your trial will not be booked on those days.

Step2

If you receive notice from the court that a certain day has been scheduled for your trial, and it is not conceivable for you to attend court that day, you need to immediately notify both, the court and the opposing party (their lawyer if they have one), of the need to adjourn to another day. This needs to be done in writing and can be sent by mail or via fax but it should be done as soon as possible.

Step3

If an emergency arises on the day of trial, then you need to phone the other party early, if possible, and ask them to agree to adjourn the matter, and also if they would bring it in front of the judge and ask for it to be adjourned.

Step4

If you can’t reach the other party to tell them about the adjournment request, then you need to attend the court, speak with them about your need, and then ask the judge if you can adjourn to another day.

Step5

If you are unable to attend court to ask for the adjournment yourself, then you need to send someone in your place, and this person will speak with the other party and to the judge.

Step6

If you cannot get anyone to stand in for you and it is impossible for you to attend court yourself to adjourn the trial, then you need to phone the courthouse and explain your situation so that they are aware of it. Then, send a letter in writing to both, the court and to the other party (their lawyer if they have one) and express your apologies and state your reason for your non-attendance.

Tips & Warnings

If you cannot attend court for whatever reason, you need to adjourn the matter formally as suggested. If you choose to just not attend, you could have your case dismissed or judgment made against you along with all the costs.