Legal Definitions - going out

In legal contexts, going out is an informal term used to signify that a case is proceeding to trial or a formal evidentiary hearing. It serves as a notification to the involved attorneys and parties that they should prepare to present their arguments and evidence in court.

• Example 1: A senior partner might instruct a junior associate, "Make sure all your witnesses are prepped and your exhibits are organized. The judge just confirmed our civil fraud case is going out next Monday, so we need to be fully ready."

  Explanation: Here, "going out" indicates that the civil fraud case is scheduled to begin its trial phase, prompting the legal team to finalize all necessary preparations.

• Example 2: During a busy morning in a courthouse, a bailiff might call out to a group of waiting lawyers, "Counsel for the State v. Peterson matter, please approach. Your case is going out in Department 7, so please gather your materials."

  Explanation: This usage informs the specific attorneys that their criminal case is about to commence trial in a designated courtroom, requiring them to be prepared to proceed immediately.

• Example 3: After a mediation session fails to resolve a dispute, a judge might conclude a status conference by stating, "Since we haven't reached a settlement, it's clear this personal injury claim is going out. I will issue a trial date order shortly, outlining the final pre-trial deadlines."

  Explanation: The judge uses "going out" to confirm that the case will proceed to a full trial due to the inability of the parties to settle, signaling the next phase of litigation.