The term "strike from call" refers to the dismissal of a court hearing, meaning that the case will not be heard on the scheduled date. This usually occurs when one party requests an adjournment, resulting in the case being removed from that day's docket. The term is commonly used in various legal contexts, indicating that the matter will be addressed at a later time.
"Strike from call" is primarily used in civil and criminal court proceedings. It indicates that a hearing will not take place as planned, often due to procedural reasons or requests from one of the parties involved. This term is relevant in various legal areas, including family law, where cases may be postponed for various reasons. Users can manage related forms and procedures through resources like US Legal Forms, which provide templates drafted by attorneys.
Here are a couple of examples of abatement:
Example 1: A defendant in a criminal case requests a strike from call due to the unavailability of a key witness. The court grants the request, and the case is rescheduled for a later date.
Example 2: In a family law case, one parent requests to strike the hearing from call to gather more evidence regarding custody arrangements. The court agrees, postponing the hearing.
Examples of state differences (not exhaustive):
| State | Procedure for Striking from Call |
|---|---|
| California | Requires a formal motion and notice to all parties. |
| New York | Adjournments may be granted with consent of all parties or by court order. |
| Texas | Typically requires a written request submitted to the court. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Adjournment | A temporary pause in court proceedings, which may or may not involve striking from call. |
| Dismissal | A permanent termination of a case, unlike striking from call, which allows for future hearings. |
If you find yourself in a situation where "strike from call" applies, consider the following steps:
If your case is complex, seek professional legal assistance to ensure your rights are protected.
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It means the case will not be heard on the scheduled date and is postponed to a later time.