The term "off calendar" refers to a court order that removes a lawsuit, petition, or motion from the list of cases scheduled for a hearing. This typically occurs when the involved attorneys agree to withdraw the case. Once a case is off calendar, it can be reinstated "on calendar" through mutual agreement or by filing a motion by either party.
The term "off calendar" is commonly used in various areas of law, including civil, criminal, and family law. It is often relevant in situations where parties wish to pause or discontinue legal proceedings temporarily. Users can manage certain aspects of this process by utilizing legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: Two parties in a civil lawsuit agree to settle their differences outside of court. They file a stipulation to take the case off calendar, pausing any court proceedings while they finalize their agreement.
Example 2: In a family law case, both parents agree to modify their custody arrangement. They decide to take their motion off calendar to allow time for negotiation (hypothetical example).
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Commonly used in civil cases; requires formal stipulation. |
| New York | May involve specific forms to submit to the court. |
| Texas | Off calendar procedures vary by court rules. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| On Calendar | A case that is scheduled for a hearing. | Opposite of off calendar; indicates active proceedings. |
| Stipulation | An agreement between parties regarding a legal matter. | Can lead to a case being taken off calendar. |
If you find yourself in a situation where your case may be taken off calendar, consider the following steps:
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