Legal Definitions - suggestion on the record

A suggestion on the record is a formal statement, either written or presented orally in court, that informs the judge about a significant new fact or development in a case. This fact is considered so important that it could potentially require the court to temporarily pause the legal proceedings (known as a "stay") or significantly influence the judge's final decision.

Here are some examples:

• Example 1: Change in a Party's Legal Capacity

  Imagine a civil lawsuit where one of the parties, Ms. Chen, suffers a severe accident during the litigation and is declared legally incapacitated, meaning she can no longer make decisions for herself or participate effectively in the court process. Her attorney would file a suggestion on the record informing the court of Ms. Chen's incapacitation. This important fact would likely require a temporary stay of proceedings until a legal guardian or conservator is appointed to represent her interests, ensuring the case can proceed fairly.

• Example 2: Discovery of New, Critical Evidence

  Consider a property dispute between two neighbors over a shared boundary. During the discovery phase, a previously unknown historical survey document is unearthed that definitively establishes the correct property line, contradicting all prior assumptions. One of the parties would submit a suggestion on the record to the court, presenting this crucial new evidence. This fact is highly important as it could fundamentally alter the court's decision regarding the boundary and might necessitate a brief pause to allow all parties to review and respond to the new survey.

• Example 3: Resolution of a Related Legal Matter

  Suppose a company is being sued for breach of contract, but the outcome of this civil case largely depends on the findings of a separate, ongoing government regulatory investigation into the company's practices. Once the regulatory body concludes its investigation and issues a formal report, the company's legal team would file a suggestion on the record to inform the court of this development. The findings of the regulatory report are an important fact that could significantly affect the court's decision in the breach of contract case, potentially establishing or refuting key elements of the claim.