What does the Darville test assess when applying to adjourn a trial due to an absent witness?

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The Darville test primarily focuses on determining whether the absent witness is relevant to the case at hand. When a party seeks to adjourn a trial due to the absence of a witness, the court evaluates the significance of that witness's testimony in the context of the overall case. If the witness is found to be central to the resolution of key issues or to the credibility of other evidence, their absence may justify a delay in proceedings to allow for their testimony.

In this context, other considerations, such as the witness's prior appearances or evidence they may provide, are secondary to the primary question of relevance. The aim of the test is to ensure that trials are fair and that both parties have the opportunity to present crucial evidence that could impact the outcome. Thus, the assessment hinges on the potential contribution of the absent witness's testimony to the case rather than merely their prior record of appearances or specific pieces of evidence they may present.

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