Legal Definitions - expedited proceeding

An expedited proceeding refers to a legal or administrative process that is accelerated or fast-tracked, meaning it moves through the system more quickly than the standard timeline. This acceleration is typically granted when there is an urgent need for a decision or resolution, often to prevent immediate harm, address a time-sensitive issue, or when specific laws or rules allow for a quicker review.

Here are some examples of when an expedited proceeding might occur:

• Child Protection Emergency: Imagine a situation where a child protection agency receives credible reports of severe neglect or abuse, indicating that a child is in immediate danger in their current home. The agency would likely initiate an expedited proceeding in family court to obtain an emergency order for temporary custody, allowing them to remove the child from the unsafe environment without delay.

  This illustrates an expedited proceeding because the court prioritizes the case due to the urgent need to protect the child from imminent harm, bypassing the usual longer scheduling process for hearings.

• Emergency Business Injunction: Consider a technology company that discovers a former employee has stolen proprietary software code and is planning to launch a competing product using that code within the next few days. The company could file a lawsuit and simultaneously request an expedited proceeding for an emergency injunction.

  This is an expedited proceeding because the court would fast-track the hearing on the injunction request. Waiting for a standard court schedule would allow the competitor to launch, potentially causing irreparable financial damage and loss of intellectual property, thus necessitating a rapid legal intervention.

• Imminent Deportation Stay: An individual facing an imminent deportation order discovers new, critical evidence that could significantly alter their immigration case, such as proof of severe persecution in their home country that was previously unavailable. They might file an emergency motion for a stay of removal with an immigration court or appellate body, requesting an expedited proceeding.

  This demonstrates an expedited proceeding because the request for a stay must be heard and decided very quickly to prevent the irreversible action of deportation, allowing the new evidence to be considered before the individual is removed from the country.