Short answer. Possibly yes. Rule 15, Section 12 generally bars postponement motions intended for delay, but carves out an exception for postponement based on the physical inability of the witness to appear and testify. Your witness's accident could fit that exception, though the motion must still be accompanied by the required postponement fee receipt.
What the law says
Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify
Rule 15, Section 12 — Prohibited motions. Read the full provision →
What the law says
A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee
Rule 15, Section 12 — Prohibited motions. Read the full provision →
What the law says
The clerk of court shall not accept the motion unless accompanied by the original receipt
Rule 15, Section 12 — Prohibited motions. Read the full provision →
What the law says
If the motion is granted based on such exceptions, the moving party shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon
Rule 15, Section 12 — Prohibited motions. Read the full provision →
The general bar on postponement motions
Rule 15, Section 12 starts from a general prohibition: "Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify." A postponement request is barred by default under this rule, with only three named exceptions carved out of that bar. Most reasons for wanting more time do not fit inside any of the three, so the starting assumption a court applies is against granting a postponement at all.
A witness's physical inability is squarely one of them
Physical inability of the witness to appear and testify sits right alongside acts of God and force majeure as one of the three recognized grounds. An accident that leaves your witness physically unable to come to court and testify is exactly the kind of circumstance this exception was written to describe — it is not simply a scheduling inconvenience the rule treats as an excuse for delay, but a named, specific exception to the general bar.
The fee requirement still applies
Fitting the exception does not excuse the motion from the rule's other conditions. "A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee," and the "clerk of court shall not accept the motion unless accompanied by the original receipt." That requirement is not waived just because the ground is physical inability of a witness.
The case timetable isn't reset either
The same section warns that even a properly granted postponement does not open the door to further delay: "If the motion is granted based on such exceptions, the moving party shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon." So even if the court grants the postponement because of your witness's accident, the overall schedule already set for finishing the presentation of evidence is expected to hold.