Superior Court Rules

Superior Court Rules  Superior Court Rule 21: Postponement. Costs

(Applicable to civil actions)

Table of Contents

Rule 21

When a case is postponed on the motion of one party, against the objection of the other, the granting of the motion may be upon the condition precedent that the moving party shall pay to the adverse party all his costs and such expenses as the court may allow incurred at the same session or upon the same short list in procuring the attendance of witnesses, unless (a) the motion is granted because of unfair or improper conduct of the adverse party, or (b) the moving party shall have given notice of such motion and the grounds thereof in such season as might have prevented the attendance of the witnesses, or (c) the moving party did not discover the grounds of the motion in season to give such notice. The costs and expenses thus paid shall not be included in the bill of costs of the party receiving them.

This rule shall not prevent an adverse party, receiving notice of such motion, from procuring the attendance of his witnesses, if he shall think fit to oppose the motion, or from including the costs for such witnesses in his bill of costs if he shall prevail in the case, even though such motion be granted.

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