Legal Definitions - under submission

Under Submission

When a legal matter is described as being under submission, it means that a judge or court has received all the necessary arguments, evidence, and information from the parties involved, and is now actively reviewing and deliberating on the issue before making a decision or issuing a ruling.

Essentially, the presentation phase is complete, and the court is in the process of carefully considering everything presented to reach a conclusion.

• Example 1: A Motion Hearing

  During a complex civil lawsuit, attorneys for both sides present extensive arguments regarding a motion to exclude certain evidence. After hearing all the legal points and counter-arguments, the judge states, "I will take this motion under submission."

  Explanation: This means the judge has heard everything necessary to decide on the motion. The judge will now review the submitted briefs, legal precedents, and the arguments made in court before issuing a formal ruling on whether the evidence will be allowed in the trial.

• Example 2: A Bench Trial Verdict

  In a non-jury trial (known as a bench trial), a judge has listened to several days of witness testimony, reviewed numerous documents, and heard the closing arguments from both the prosecution and the defense. At the conclusion of the arguments, the judge announces that the case is now under submission.

  Explanation: The judge, acting as both the finder of fact and the interpreter of law, has received all the evidence and arguments. The judge will now take time to carefully weigh the credibility of witnesses, analyze the evidence, and apply the relevant laws to reach a verdict, which will be delivered at a later date.

• Example 3: An Appellate Court Decision

  After a panel of three appellate judges hears oral arguments from lawyers representing both sides in an appeal, they thank the attorneys for their presentations. The presiding judge then declares that the case is under submission.

  Explanation: The appellate court has heard the final arguments and reviewed all the written briefs and trial records. The judges will now deliberate amongst themselves, discuss the legal issues, and work together to draft and issue a written opinion that either affirms, reverses, or modifies the lower court's decision.