Also known as: leave of the court · court permission · judicial leave
Written by attorneys · grounded in primary & secondary sources — see below
Judicial permission granted to a party to take an action that the rules of procedure or substantive law would otherwise prohibit or require special approval for. The permission allows deviation from standard procedural requirements when the court determines that the request is consistent with applicable standards such as relevance and proportionality.
Lakeshore Industries already deposed Luna Lang once in the contract dispute. When Lakeshore seeks to depose her a second time without stipulation from opposing counsel, it must file a motion demonstrating that the additional deposition is consistent with Rule 26 limits. The court grants leave only after finding that the request meets the proportionality standards.
Logan Lane owes substantial unpaid child support. He files a motion seeking judicial permission to marry his fiancée. The court reviews whether the state's interests in support enforcement can be achieved through less restrictive means before deciding whether to grant leave.
Select any source to read its text and confirm it supports the definition.
Leo Lynch agreed to represent Laura Lewis in her divorce. After the case grew complex and Lewis could no longer pay, Lynch moves for permission to withdraw. The court denies leave because withdrawal would leave Lewis without counsel at a critical stage.
After losing a large judgment, Texaco seeks to deposit a negotiable bank obligation instead of posting a full surety bond. It moves for leave to make the alternative deposit. The court grants permission after confirming that the deposit satisfies the amount fixed for the bond.
South Carolina files a bill of complaint challenging provisions of the Voting Rights Act. Because the action falls outside ordinary original-jurisdiction procedures, the state first obtains leave of court to proceed with the filing.
Florida prosecutors charge Pugh by information without a preliminary hearing. Because state rules permit charging by information without first obtaining judicial approval, no leave of court is required before the information is filed.
A party must obtain leave when the deposition would exceed the numerical limits in Rule 30(a)(2), when the deponent has already been deposed, or when the parties have not stipulated to the deposition. The court grants leave only to the extent consistent with Rule 26(b)(1) and (2).
No. When withdrawal would materially prejudice the client in an ongoing complex proceeding, the lawyer must continue representation unless good cause exists and the court grants permission to withdraw.
The requirement significantly interferes with the fundamental right to marry. The state must show that the restriction is supported by sufficiently important interests and is closely tailored to effectuate only those interests.
…offenses. Prosecutors may charge all other crimes by information, without a prior preliminary hearing and without obtaining leave of court. Fla. Rule Crim. Proc. 3.140 (a); State v. Hernandez , 217 So. 2d 109 (Fla. 1968); Di Bona v. State , 121 So. 2d 192 (Fla. App. 1960). At the time respondents were arrested, a Florida…