What is Trial Adjournment? How do I Adjourn my Trial?

Understanding Trial Adjournments

If you’re heading toward a family law trial, it’s natural to feel a mix of emotions—anxiety, relief, urgency. But what happens if something comes up and you’re not ready for trial? Can you delay it? The short answer is: Yes, under certain circumstances, you may be able to ask the court for an adjournment. A trial adjournment is the postponement of a scheduled trial date to a later time. Adjournments are not granted automatically, and courts are generally reluctant to delay proceedings without a valid reason. This blog will walk you through what an adjournment is, why it might be granted, what the process looks like, and the legal authority for it—particularly Section 223 of the British Columbia Family Law Act.

What is an Adjournment?

In legal terms, an adjournment is a suspension or delay of court proceedings. It can apply to any part of a proceeding, including hearings, conferences, or trials. Adjournments can be requested by either party or ordered by the court on its own initiative. Section 223 of the British Columbia Family Law Act empowers the court to make a range of case management orders to ensure proceedings move forward efficiently and fairly. Relevant to adjournments, Section 223(1)(b) states that: “A court may make an order to... (b) adjourn a proceeding while (i) the parties attempt to resolve one or more issues before the court, or (ii) a party complies with an order made under this Division.” This gives the court flexibility to pause proceedings in the interests of resolution or compliance. It reflects the overall goal of family law in British Columbia—to encourage resolution outside of trial wherever possible and to ensure that parties are on equal footing before a matter proceeds.

Common Reasons the Court May Grant an Adjournment

The court will only grant an adjournment if there’s a good reason, and usually, that reason must be supported by evidence or documentation. Furthermore, courts can adjourn a trial even if neither party requests it, especially if the judge believes that the matter isn't ready to proceed, more disclosure is needed, or that settlement discussions are likely to succeed. Here are some common justifications that the court may consider reasonable:

(1) Settlement Discussions Are Ongoing Under Section 223(1)(b)(i) of the British Columbia Family Law Act, the court can adjourn a trial if the parties are actively attempting to settle some or all of their issues. The courts support alternative dispute resolution and will often grant time for negotiations, provided the parties are acting in good faith.

(2) Non-Compliance with Court Orders If one party hasn’t yet complied with a prior order—say, they haven’t produced full financial disclosure—the court may delay the trial under Section 223(1)(b)(ii) of the British Columbia Family Law Act to give them time to comply. The goal is to ensure fairness before the trial proceeds.

(3) Personal Emergencies or Medical Issues If a party or their lawyer becomes ill or faces a significant emergency, an adjournment may be justified. Supporting documents (e.g., a doctor’s note) are typically required.

(4) Change in Legal Representation If your lawyer withdraws shortly before the trial, you may need time to hire new counsel and prepare.

(5) New Evidence or Change in Circumstances Sometimes, new information arises that requires additional time to consider—such as expert reports or a new legal issue.

What is The Process for Requesting an Adjournment?

(1) Gather all the relevant materials (if any) needed to submit to the court to support the reason for requesting an adjournment of the scheduled trial conference. This may include supporting documents explaining why you need the adjournment, such as affidavits or medical and financial documents.

(2) You must contact the other party/parties personally (i.e., by phone, mail, or fax) and ask if they will consent to an adjournment of the scheduled trial conference.

(3) If they agree to the adjournment, the next step is to acquire the consent of all parties in writing. For example, this is the link to the consent to adjourn trial conference for adjourning a trial conference in the Provincial Court of British Columbia.

(4) If they do not agree to the adjournment you must complete an Application to the Registrar at least 7 days before the date set for the trial conference. The Application asks the Registrar for an adjournment. When completing the form, you must include all of the following:

-A detailed reason for the adjournment request.

-Whether you contacted the other party/parties. If not, state the reason why there was no initiated contact.

-When and how you contacted the other party/parties and who you spoke to.

-Their response (i.e., they would not consent).

(5) If your application is granted you may be required to serve a copy of the Registrar’s order on the other party/parties. The Registrar will only consider those applications where the applicant has made reference to everything stated above. The Registrar is not bound to automatically grant all applications for adjournments.

What Happens if The Court Denies Your Adjournment?

If the court refuses your request, the trial will likely proceed as scheduled. Failing to appear or being unprepared can result in:

-A trial in your absence, where the judge makes orders without your input.

-Cost orders against you.

-Negative inferences being drawn about your conduct.

This is why it’s crucial to prepare your adjournment request carefully and avoid last-minute applications unless truly unavoidable.

Final Thoughts

While the law does provide mechanisms to delay a trial, adjournments are not granted lightly. Courts expect parties to be prepared, to comply with orders, and to act in good faith. If you anticipate needing an adjournment, speak to your lawyer early or get legal advice on how to proceed.

Whether you’re facing a personal emergency, stuck in ongoing negotiations, or dealing with non-compliance from the other side, understanding your options—and acting quickly—can help preserve your ability to get a fair hearing.

Navigating the family law system can be complicated and add stress to an already difficult time. If you would like to learn more, please contact our team of Vancouver family lawyers for a consultation.