QUESTION

Can a lawyer postpone a trial if witnesses are out of town ?

Asked on Nov 27th, 2017 on Civil Litigation - Michigan
More details to this question:
All the witnesses were previously subpoenaed but, the court then postponed the trial. Now that it’s been rescheduled, one of the witnesses is out of town and won’t be back for two months.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Lawyers can't postpone trials, they can only ask that the Court do so.  Whether the Court will depends on many factors, including whether the other side consents, how old the case is, how many times it has been adjourned, how critical is the need for an adjournment, how backed up the Court's docket is, etc.
Answered on Nov 28th, 2017 at 8:51 AM

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