How to Ask for an Adjournment in Saskatchewan Small Claims Court

When You Need More Time

You've been served with a small claims summons in Saskatchewan, and the court appearance date is coming up faster than you expected. Maybe you were served late, your key witness is out of province, or you've just booked an appointment with Pro Bono Law Saskatchewan and their earliest clinic is after your court date.

You need an adjournment — a postponement of the hearing to a later date. Here's how it works.

Adjournments Are Discretionary

There is no automatic right to an adjournment in Saskatchewan Provincial Court. The judge decides whether to grant one based on the circumstances. The key factors:

• Is the reason genuine and documented? Medical emergencies, pre-booked travel with proof, being served too late to meet the 10-day Form B deadline, or waiting for a free legal advice appointment all carry weight. "I wasn't ready" or "I forgot" typically don't.
• Have you already been given time? If this is the second or third adjournment request, the bar goes up significantly. Judges are reluctant to delay cases indefinitely.
• Will the delay prejudice the other party? If the plaintiff has already arranged witnesses, taken time off work, or traveled to the court, the judge weighs that against your request.
• Did you ask promptly? Requesting an adjournment as soon as you know you need one — ideally before the hearing date — goes over much better than showing up on the day and surprising everyone.

How to Request One

Before the court date: Contact the Provincial Court registry (the registry identified on your Form A Summons) as early as possible. Explain the reason, and ask if the other party consents. A consent adjournment — where both sides agree — is the easiest path. The registry may be able to arrange it administratively without requiring you to appear in person.

At the hearing: If you can't resolve it in advance, attend the Case Management Conference (CMC) or hearing and make the request directly to the judge. Bring documentation supporting your reason:

• A medical certificate or hospital record
• A PBLS appointment confirmation letter (Pro Bono Law Saskatchewan provides these specifically for adjournment requests when their clinic date falls after your court date)
• Proof of service showing you were served too late to meet the 10-day deadline
• Travel documents for unavoidable pre-booked commitments

State the request simply: tell the judge what happened, what you need (a new date), and how long you need. Propose a specific timeframe rather than leaving it open-ended.

What Happens If You Don't Show Up

If you need an adjournment but simply don't attend the hearing, the judge may adjourn the trial or may enter judgment against you. At trial, if proof that the summons was served is filed, the judge may give judgment in your absence without hearing evidence.

Not attending is never a strategy. If you genuinely cannot make the date and haven't been able to arrange an adjournment in advance, contact the registry, explain the emergency, and ask how to bring an urgent request to the judge's attention.

The Late-Service Problem

One of the most common adjournment scenarios: you were served so close to the appearance date that there's no way to file Form B within the mandatory 10-day window. The timeline was impossible from the start.

In this situation, file Form B as quickly as you can (even if late), attend the hearing, and explain the late service to the judge. The judge or clerk may adjourn the proceeding; ask for a new date that gives you time to complete the response steps.

After the Adjournment

If the judge grants the adjournment, you'll receive a new court date. The same rules apply — file and serve Form B at least 10 days before that new date if you haven't already done so. The adjournment buys you time, not an exemption from the filing requirements.

Use the time productively: organize your evidence, complete Form B if it's not filed, and prepare for the CMC. The Responding to a Small Claim in Saskatchewan guide covers the full preparation sequence, including a deadline worksheet and a hearing preparation checklist that keeps everything on track.

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