Where a party serves substantial new evidence in breach of court orders shortly before trial, a court considering an adjournment application must take into account the defaulting party's non-compliance, the nature and significance of the new evidence to the issues in the case, and the realistic capacity of the other party (particularly a self-represented litigant) to both prepare for trial and respond to the new evidence in the time remaining. It is material error to require a party to demonstrate practical injustice within minutes of receiving substantial new evidence that they have not had adequate time to assess.
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