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NeCede's

Maxim 1.5.36

An adjournment is to appoint a day or to give a day.

Adjournamentum est ad diem dicere seu diem dare.

Source: 4 Inst. 27; Jackson; Weisman, 65z Difficulty 1/5 — Foundational

Explanation

An adjournment is not a dismissal but a continuance — the matter remains pending and must be taken up on the appointed day.

Where this applies

  • A hearing is postponed and someone thinks the case was dismissed.
  • A court adjourns a proceeding and a party misunderstands the effect.

Legal domains

evidenceprocedural

Cite this maxim

NeCede Max. 1.5.36 — An adjournment is to appoint a day or to give a day. — 4 Inst. 27; Jackson; Weisman, 65z (Adjournamentum est ad diem dicere seu diem dare.)

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