What does it mean if the Judge makes a reserved decision and continues the case?

Full question:

When going through workers compensation case, the Judge made a reserved decision and the case was continued. Memorandums of law and all depositions have to be in by 1/30/09; what does this mean?

  • Category: Discovery
  • Date:
  • State: New York

Answer:

The decision is "reserved" by the judge because more time is needed to study the issues, or the judge requests memoranda from the parties to assist in outlining the issues. Often, a judge will set a schedule for when the fact-finding process in a case must be completed. The fact-finding phase is called discovery. A deposition is one of the discovery methods that may be used. In a deposition, a person gives testimony under oath, typically in a lawyer’s office. The testimony is recorded by a court reporter and a transcript and/or video of the testimony is prepared and may be used as evidence in court.

A "memorandum of law" may be prepared by an attorney to support a legal argument, which is similar to a brief but with less attention to legal writing formalities. It contains legal arguments based upon the lawyer's understanding of the law applicable to the issues and is often supported by citations to legal authority.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A deposition in workers' compensation is a legal process where a witness provides sworn testimony outside of court. This testimony is recorded and can be used as evidence during the case. It allows both parties to gather information and clarify facts related to the claim.