Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

case adjourned

Options
  • 02-01-2009 1:43am
    #1
    sexyhousewife
    Closed Accounts Posts: 7 ✭


    is there an unlimited amount of times a case can be adjourned.i know of a man whose case has been adjourned 5 times already.back in court in jan.hes having to pay solicitor each time and take day off work.just wondering can this go on indefinitly.its nothing serious as in he never caused any harm has no chance of more than a fine.


Comments

  • Options
    #2
    Croc
    Registered Users Posts: 341 ✭✭Croc


    Not to the best of my knowledge, but he could object to it being adjourned if the other side seek and adjournment again with out good cause.

    It is all really at the judges discretion.

    Should the Judge to adjourn the matter again he could ask him to make it "peremptory", against the other side meaning that they would have to go ahead with it the next time or. risk having the matter thrown out


  • Options
    #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    It depends on whether it is a Civil or Criminal matter, but the peremptory comment is correct in the context of both, though less used in Civil matters, save as to an argument over costs. Which [costs] while at the discretion of the court generally follow the event.


  • Options
    #4
    McCrack
    Registered Users Posts: 2,969 ✭✭✭McCrack


    If a peremptory order is made by a Judge who happens to grant an adjournment or extension of time, this does not mean the subsequent hearing must go ahead or be struck out, the court hearing the matter still retains the discretion to hear an application for another adjournment or extension.

    Essentially under Court Rules Judges retain ultimate discretion concerning matters of adjournment.


Advertisement