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Simple English definitions for legal terms
off calendar
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A quick definition of off calendar:
Off calendar: When someone cancels a hearing on a motion that was already scheduled, it's called taking a motion off calendar. This can happen for many reasons, and it can be done by one party or after talking to the other party. If a case is marked off the calendar and there's no more activity, the court might think it's abandoned. If someone doesn't show up for a hearing without telling the court, that's called failure to appear, which is similar to taking a motion off calendar, but it's not the same. If lawyers cancel a hearing at the last minute, it's called a late "taking off calendar," and judges can punish them for it.
A more thorough explanation:
Definition: "Taking a motion off calendar" means canceling a hearing on a motion that has already been scheduled. This can be done by one party or after consulting with opposing counsel. If a pleading has been marked off the calendar and there is no litigation-related activity thereafter, the court may consider it abandoned.
Examples:
- An attorney decides to take a motion off calendar because they have reached a settlement agreement with the opposing party.
- After consulting with opposing counsel, both parties agree to take a motion off calendar because they have resolved the issue outside of court.
- If a party fails to appear for a scheduled hearing, the court may take the motion off calendar.
The examples illustrate how taking a motion off calendar can be done unilaterally or with the agreement of both parties. It can also be a result of a failure to appear. If a pleading is marked off the calendar and there is no further activity, the court may consider it abandoned.