Legal Definitions - off calendar

In legal proceedings, "off calendar" refers to the act of formally canceling a scheduled court hearing or proceeding that was previously set to take place. When a legal matter, such as a motion, is "taken off calendar," it means the parties involved have informed the court that the scheduled hearing is no longer needed and will not proceed as planned.

This often occurs when the parties resolve the underlying issue, reach a settlement, or determine that the hearing is no longer necessary due to new developments or a change in legal strategy. It requires proper notification to the court, distinguishing it from simply failing to appear. If a case or motion is repeatedly taken off calendar without subsequent action, a court might interpret this as a lack of intent to pursue the matter, potentially leading to its dismissal or being considered abandoned. Conversely, canceling a hearing at the last minute without good reason can result in penalties or sanctions from the court.

• Example 1: Settlement Reached

  In a contract dispute, a company filed a motion asking the court to compel the other party to produce certain financial documents. A hearing was scheduled for next month to argue this motion. However, before the hearing date, both companies successfully negotiated a comprehensive settlement agreement that resolved all outstanding issues, including the document dispute.

  Explanation: Since the entire case was settled, the motion to compel documents became irrelevant. The attorneys for the company would notify the court that the motion was "taken off calendar," canceling the scheduled hearing because the underlying dispute no longer existed and the court's intervention was no longer required.

• Example 2: Strategic Change Due to New Information

  A landlord filed a motion for summary judgment, arguing that there were no genuine facts in dispute and they should win the eviction case without a full trial. After filing the motion and receiving the tenant's detailed response, the landlord's attorney discovered new evidence that introduced a significant factual dispute regarding the property's condition.

  Explanation: With this new evidence, the motion for summary judgment was unlikely to succeed, as a factual dispute would necessitate a trial. To avoid wasting court time and resources on a motion that was no longer viable, the landlord's attorney would "take the motion off calendar," withdrawing it before the scheduled hearing. They might then pursue a different legal strategy or seek to resolve the factual dispute through other means.

• Example 3: Technical or Procedural Error

  An attorney filed a motion to dismiss a case, and a hearing was set. However, upon reviewing the court's procedural rules, the attorney realized they had made a critical error in the filing—they had missed a deadline for properly serving the opposing party with the motion, rendering it procedurally defective.

  Explanation: To correct the error and ensure the motion was properly considered, the attorney would "take the original motion off calendar." This cancels the hearing for the flawed motion. They would then likely refile a corrected version of the motion, properly served, and request a new hearing date. This prevents the court from hearing a procedurally defective motion and allows the attorney to present it correctly.