§ 9527 — Adjournments

(a) A hearing in an action under this subchapter may be adjourned to some day other than the date referred to in § 9526 of this title, but the adjournment shall not be for more than 15 days. Such adjournments may be made as are necessary for a fair trial.

(b) The justice of the peace shall fix the time of adjournment so as to bring the cause to as speedy a trial as the circumstances will admit.

(c) The justice shall, except as provided in § 9528 of this title, grant 1 adjournment to the defendant, of course, and other adjournments to either party, if it shall appear to the justice’s satisfaction, by the oath, or affirmation, of the party applying for it, or otherwise, that such party is not prepared for trial, and that the party’s want of preparation is not owing to design, or to not using due diligence.

(d) After a second adjournment, the party applying for a further adjournment, shall pay the costs accruing on the day of such application, unless the justice makes a special order that the costs, or any part of them, shall abide the result of the cause.

Legislative History

Code 1852, §§ 2070, 2071; Code 1915, § 4009; 34 Del. Laws, c. 221, § 2 ; Code 1935, § 4495; 10 Del. C. 1953, § 9527; 70 Del. Laws, c. 186, § 1