What Is A Motion To Adjourn?
A motion to adjourn is a formal request to postpone a scheduled court hearing or trial to a later date. While common in litigation, courts don’t grant these automatically: you need valid reasons and proper procedures.
What Judges Consider
Your Reasons: Courts distinguish between legitimate needs and tactical delays. Medical emergencies carry more weight than simple unpreparedness.
Timing of Request: File as soon as you know you need more time. Last-minute requests appear disrespectful and are often denied.
Previous Adjournments: Each additional request faces greater scrutiny. Repeated delays suggest poor case management.
Impact on the Other Party: Judges consider whether delay causes financial harm or other prejudice to your opponent.
Stage of Proceedings: Courts are more lenient early in litigation. Adjournments just before trial require exceptional circumstances.
How to Request an Adjournment
Your lawyer will prepare a notice of motion, an affidavit explaining your reasons with supporting evidence, and a proposed order with new dates. These materials must be served on the opposing party.
If possible, seek consent from the other party first. Agreed adjournments are more readily granted and may avoid formal motion procedures.
If contested, you’ll appear before a judge to argue why the adjournment should be granted.
Costs and Consequences
Cost Awards: Courts often order the party requesting an adjournment to pay the opponent’s wasted preparation costs.
Conditions: Judges may impose deadlines, require specific tasks be completed, or state that no further adjournments will be granted.
Case Impact: Delays can weaken your position. Witnesses’ memories fade, evidence deteriorates, and litigation costs increase.
Contact Pinto Shekib LLP, Your Toronto Commercial Litigation Lawyers
Deciding whether to seek an adjournment requires strategic judgment. A skilled litigation lawyer will assess whether delay serves your interests, prepare compelling motion materials when necessary, negotiate with opposing counsel effectively, and understand local court expectations.
Early consultation gives you more options. Waiting until the last minute limits your choices and weakens your position.
Contact us at 416.901.9984 or info@pintoshekib.ca.