Mr Kelly is accused of causing the deaths of eight people in a car crash outside Clonmany in Inishowen in July 2012.
Counsel for the state Ms Patricia McLaughlin told the court that they were still waiting for a psychological report to be prepared on the accused.
Ms Patricia McLaughlin said the expert the state wishes to conduct the examination was currently not available.
Judge Keenan Johnson said the state had sufficient information for someone to conduct the examination and the case should not be prolonged any more than necessary.
Judge Keenan said he was determined the case was set for trial and asked the state to make enquiries into the availability of the expert.
Judge Keenan said he would make no determination in the case until the state contacted it's expert and adjourned the case to next Tuesdays sitting of the Letterkenny circuit court in the hope that the case can be heard during the current sitting.
Judge Keenan said all he could do was apologise for the delay to all parties involved.