Legal Definitions - strike off

To "strike off" primarily means for a court to order a case removed from its official record or docket. In a different context, it can also refer to an auctioneer's declaration, usually by striking a hammer, that an item has been sold.

The term "strike off" has two distinct meanings in legal and commercial contexts:

• In a court setting: To strike off a case means that a court officially removes a lawsuit or legal matter from its active list of cases, often called the docket or calendar. This action typically indicates that the case will no longer be actively pursued or heard by that specific court.
• In an auction setting: To strike off an item means that the auctioneer formally declares it sold to the highest bidder, usually by bringing down a hammer or gavel.

Here are examples illustrating both meanings:

• Court Context - Example 1 (Settlement):

  Imagine a dispute between two neighbors over a property line. After months of legal proceedings, they reach a private agreement to resolve the issue without a trial. Their lawyers then notify the court, and the judge issues an order to strike off the case from the court's calendar. This means the court will no longer dedicate resources to it, as the parties have resolved their dispute.

• Court Context - Example 2 (Lack of Prosecution):

  A small business owner filed a lawsuit against a supplier for breach of contract but then became too ill to continue pursuing the claim. After a significant period of inactivity, and despite reminders from the court, no further steps were taken. The judge, recognizing the lack of progress, decided to strike off the case, effectively closing it within that court system due to the plaintiff's failure to prosecute.

• Auction Context - Example 1 (Art Auction):

  During a charity auction, a rare signed guitar receives several enthusiastic bids. When the bidding plateaus, the auctioneer announces the final bid and, with a decisive tap of the gavel, strikes off the guitar, signifying that it has been successfully sold to the highest bidder.

• Auction Context - Example 2 (Real Estate Auction):

  At a public auction for surplus government equipment, a fleet of old vehicles is up for sale. After a round of competitive bidding for a particular truck, the auctioneer points to the winning bidder and loudly declares "Sold!" while simultaneously hitting the podium with their hammer. This act of striking off confirms the sale and finalizes the transaction for that specific item.