Legal Definitions - exigent list

An exigent list is a special schedule used by a court to prioritize and quickly address urgent, but often secondary, requests or procedural matters that arise during the course of a lawsuit. These items, while not the main trial itself, require prompt attention to keep the primary case moving forward, resolve immediate issues, or prevent harm.

Here are some examples of situations where an exigent list might be used:

• Example 1: Emergency Discovery Dispute

  In a complex corporate fraud lawsuit, one party has repeatedly failed to produce critical financial documents that are essential for an upcoming deposition of a key witness. The opposing legal team files an "emergency motion to compel discovery," arguing that without these documents immediately, they cannot properly question the witness, potentially jeopardizing their case.

  How it illustrates: This motion is placed on an exigent list because it is an urgent (exigent) request that, while not the core trial, is crucial for the main proceedings to continue fairly and on schedule. The court needs to resolve this "incidental" matter quickly to prevent delays or prejudice.

• Example 2: Motion for a Temporary Restraining Order (TRO)

  A small tech startup discovers that a former employee, now working for a competitor, is about to launch a product using the startup's proprietary software code. The startup's lawyers immediately file a "motion for a temporary restraining order" to prevent the competitor from releasing the product, arguing that irreparable harm would occur if the launch proceeds.

  How it illustrates: This situation demands immediate judicial intervention to prevent significant damage, making it an exigent matter. The motion for a TRO is an "ancillary" request to the larger potential lawsuit for intellectual property theft, but its urgency necessitates a rapid hearing, often scheduled on an exigent list.

• Example 3: Urgent Child Custody Modification

  During ongoing divorce proceedings, one parent suddenly presents evidence that the other parent, who currently has primary physical custody, has created an unsafe living environment for their child. The concerned parent files an "emergency motion for temporary modification of custody" to protect the child.

  How it illustrates: The safety and well-being of a child constitute an extremely urgent (exigent) matter. While the divorce case is ongoing, this "ancillary" motion directly impacts the child's immediate welfare and requires the court's swift attention, making it a prime candidate for an exigent list.