What is the test for an adjournment on the basis of the absence of a witness?

Manitoba, Canada


The following excerpt is from R. v. Maracle et al, 2011 MBQB 291 (CanLII):

It has been accepted that, in an application for an adjournment on the basis of the absence of a witness, the applicant must establish: (1) The witness is a material witness; (2) The applicant has not been guilty of laches in attempting to procure the attendance of the witness; (3) There is a reasonable expectation that the witness can be procured at a future date. See Darville v. The Queen (1956), 1956 CanLII 463 (SCC), 116 C.C.C. 113 (S.C.C.) at 117.

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