Legal Definitions - set down

In legal contexts, to set down a case means to officially schedule it for a specific court event, such as a trial, a hearing, or another proceeding. This involves formally recording the date, time, and purpose of the event in the court's official records, often referred to as the docket or court calendar.

Here are some examples to illustrate this term:

• Example 1: Civil Trial Scheduling

  After months of pre-trial discovery in a complex business dispute between two corporations, the judge determined that all preliminary matters were resolved and the case was ready for a jury trial. The judge's clerk then proceeded to set down the case for a two-week jury trial, scheduling it to begin three months later and formally entering this date into the court's electronic docket system.

  This illustrates "set down" because the court is officially scheduling the main trial event and recording it in the court's records.

• Example 2: Criminal Motion Hearing

  In a criminal case, the defense attorney filed a motion asking the court to exclude certain evidence, arguing it was obtained illegally. To address this important legal question before trial, the judge decided to hold a special session to hear arguments from both the prosecution and the defense. The court then set down a hearing for the motion to suppress evidence for the following month, ensuring both parties had adequate notice and time to prepare their arguments.

  Here, "set down" refers to the act of formally scheduling a specific hearing where legal arguments will be presented and decided upon by the judge.

• Example 3: Family Law Custody Review

  A divorced couple sought to modify their existing child custody agreement due to changes in their work schedules and the children's school needs. After they filed their respective petitions with the family court, the court clerk set down a review hearing. This hearing was scheduled for a specific date and time, allowing both parents to present their proposed changes and reasons to the judge for a new custody order.

  This example shows "set down" in the context of family law, where the court schedules a hearing to review and potentially modify an existing order based on new circumstances.