Pursuant to the Supreme Court's decision in Darville v. The Queen (1956), 25 C.R. 1 to adjourn a trial matter on the grounds of missing witnesses the applicant must establish:
1.that the absent witnesses are material in the case;
2.that the party applying has not been guilty of laches or neglect in arranging for the attendance of the witnesses; and
3.that there is a reasonable expectation that the witnesses will attend court on the date sought by the party applying for the adjournment.
See also Melanson v R 2005 NBQB 470:
 In R. v. Darville, the Supreme Court of Canada held that a party seeking an adjournment on the ground of the absence of witnesses had to establish the following:
(a) that the absent witnesses are material witnesses in the case;
(b) that the party applying has been guilty of no laches or neglect in omitting to endeavour to procure the attendance of these witnesses;
(c) that there is a reasonable expectation that the witnesses can be procured at the future time to which it is sought to put off the trial.