Chapter VI · Trials

Rule 40. Scheduling and postponing a trial

Amended 2026 (current)

(a) Scheduling a trial Until a case is certified in accordance with Rule16, the court may but is not required to schedule a trial.

(b) Postponement The court may postpone a trial for good cause upon such terms as are just, including the payment of costs.

(c) Preserving testimony of witnesses If requested, the court may conduct a hearing to examine and cross-examine any witness present, and the testimony may be read at the trial with the same effect as and subject to the same objections to a deposition under Rule32.