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Legal Definitions - delay
Definition of delay
In a legal context, a delay refers to the act of postponing or slowing down a process, an instance where something is put off, or the period of time during which an action is deferred or slowed. It often carries implications related to deadlines, the efficient administration of justice, or the rights of parties involved in a legal matter.
Example 1: Intentional Postponement
A defendant's attorney in a civil lawsuit repeatedly files motions for extensions and requests continuances for scheduled hearings, citing various minor procedural issues. These actions push the trial date back by several months, significantly prolonging the litigation.
This illustrates delay as the deliberate act of postponing or slowing down a legal proceeding. The attorney's repeated requests cause the case to be deferred, impacting the timely resolution of the dispute.
Example 2: Period of Inaction
After a jury delivers its verdict in a criminal trial, the judge takes an unusually long time—four months—to schedule the sentencing hearing, despite there being no complex legal issues requiring extensive review.
Here, the four-month period between the verdict and the sentencing hearing represents a delay. It is the duration during which the next step in the legal process was postponed, affecting the defendant's right to a speedy resolution and the victim's closure.
Example 3: Statutory Time Limit
Under the rules of civil procedure, a party served with a set of written questions (interrogatories) has 30 days to provide their answers. If they submit their responses on the 35th day without a court-approved extension, they have exceeded the allowable delay for that action.
This example highlights delay as a specific, legally defined period within which a party must take action. Failing to act within this 30-day window means missing the prescribed time limit, which can lead to legal consequences like sanctions or the waiver of certain rights.
Simple Definition
In legal contexts, "delay" refers to the act of postponing or slowing an action, or the instance when something is put off. It also denotes the period during which an action is postponed or slowed. More specifically in civil law, delay can mean the designated timeframe within which a party must complete a required legal action.