The Law of Adjournments: A Manual on Postponement
Détails des produits
As the experienced litigators who authored this title explain in its first chapter, "Adjournment requests force the justice system to balance the interests of individual litigants against those of the court system as a whole." In other words, requests for adjournments are taken seriously by the judges and masters who hear them – they aren't automatically granted as a matter of course. As a result, it's vital that a lawyer asking a judge to adjourn a proceeding understand the underlying principles as well as the factors the court will consider in evaluating such a request.
That's exactly the kind of valuable perspective that The Law of Adjournments: A Manual on Postponement provides.
A handy reference
The Law of Adjournments: A Manual on Postponement is national in scope and provides an in-depth look at the jurisprudence and legislation from the various jurisdictions across the country. Because the granting of requests for adjournments is discretionary, readers will benefit from the analysis of the case law on the subject and the examination of the reasoning behind the rulings.
An entire section of The Law of Adjournments: A Manual on Postponement is devoted to the various possible reasons for adjournments, from the party seeking the adjournment failing to retain counsel, to illness, to needing to obtain further evidence, as well as how these grounds apply differently to the lawyer and the client. The authors also provide guidance on best procedural practices for advancing and opposing motions for adjournments. A final section addresses the issue of costs in the context of adjournments.
With forewords written by the Honourable Justice Robert Sharpe and lawyer Morris Cooper, The Law of Adjournments: A Manual on Postponement is full of practical advice that will prove invaluable to criminal and civil litigation lawyers, and anyone else who appears in court on a regular basis.
"Here you will find a user-friendly manual on an issue that plagues all litigation counsel – the task of juggling caseloads, personal lives, and the interests of our clients. Adjournments can be tactical, strategic, or nothing more than an attempt to throw the other side off their game – much like a batter calling a "time out" when the pitcher is just beginning his wind-up." – Morris Cooper
"At each stage, the authors deal with the case law both in terms of general principles as well as by area of law: civil, family, and criminal. Special treatment is accorded to administrative proceedings and child custody and child protection proceedings. There is a valuable discussion of procedures and best practices to be followed for adjournment requests and a good discussion of costs. The Law of Adjournments provides a clear, well-organized guide to the jurisprudence and principles governing this important and contentious subject." – Justice Sharpe
Table des matières
Part I: Adjournments – Origin, meaning and general jurisprudential principles
Part II: Reasons for adjournment
Part III: Types of proceedings
Part IV: Procedure and best practices for adjournment requests
Part V: Costs