Legal Definitions - leave of court

Leave of court refers to the formal permission granted by a judge or a court that allows a party in a legal case to take an action or follow a procedure that is not part of the standard, routine process. It's essentially asking the court for special approval to deviate from the usual rules, timelines, or established procedures for a specific reason.

• Example 1: Requesting to File a Document After a Deadline

  Imagine a lawyer representing a client in a civil lawsuit. Due to an unexpected medical emergency, the lawyer misses the court-imposed deadline for filing a crucial response to a motion. To avoid having their client's case negatively impacted, the lawyer would file a request with the court, seeking leave of court to submit the response a few days late, explaining the extenuating circumstances.

  How this illustrates the term: Filing a document after the established deadline is a deviation from standard procedure. The lawyer needs the judge's special permission (leave of court) to proceed with this non-routine action without penalty.

• Example 2: Amending a Complaint to Add New Claims

  A company sues a supplier for breach of contract. During the discovery phase, they uncover evidence suggesting the supplier also engaged in fraudulent activity, a claim not initially included in the lawsuit. To add this new claim of fraud to the existing case, the company's lawyers would need to seek leave of court to amend their original complaint.

  How this illustrates the term: Once a lawsuit has begun, significantly altering the scope of the case by adding new legal claims is not a routine step. It requires the court's permission to ensure fairness to all parties and proper management of the litigation.

• Example 3: Exceeding Page Limits for a Legal Brief

  In a highly complex environmental law case, an attorney believes that a comprehensive explanation of their client's scientific arguments requires a legal brief that is substantially longer than the court's standard 25-page limit. Before submitting the lengthy document, the attorney would file a motion asking for leave of court to exceed the page limit, detailing why the additional length is necessary.

  How this illustrates the term: Court rules often specify maximum lengths for legal filings. Submitting a document that goes beyond these established limits is a non-routine action, and therefore, requires special permission from the judge (leave of court).