The evidential delay occurs when the judge grants an increase in the period for the evidence of the case to be produced. It is a legal term especially used by Civil Procedural Law.
Probative extension is synonymous with the expression extension of the procedural deadline, as stated in the article 139 in the New Code of Brazilian Civil Procedure (CPC).
The word dilation I mean postponement or something that was transferred to later. AND evidentiary it refers to what can be used as evidence. So the expression evidential delay it literally corresponds to adjournment of the trial for the purpose of producing evidence.
For the legal system, evidence is the instrument or means that allows the proof of facts. They must be joined to the process in the so-called instruction phase.
The evidentiary delay is part of the instruction phase of the process, which is when litigants are asked to present evidence of the claims or substantiate the denials. The deadline extends to the hearing, in which after the instruction is concluded, the judge opens an oral debate.
The request for evidentiary delay must come from one of the parties to the process, and the period is the same for all litigants. Litigants are what the parties to a lawsuit are called, whether the plaintiff or the defendant.
An example of a request for evidentiary delay can be given with a case in the special court about improper collection. The plaintiff claims payment, but the supporting document is in the bank's possession. Before the end of the instruction period, the plaintiff's lawyer requests that a longer period be allowed until the hearing, in order to gather the evidence. The judge grants the evidentiary extension so that in a certain number of days the material for the process is gathered.
The request for evidentiary delay in a writ of mandamus. Because according to the nature of the instrument, it should already have been instructed in the tests.