Also known as: opportunities
Written by attorneys · grounded in primary & secondary sources — see below
A procedural entitlement or occasion granted to a party to take a specified action or present information before a court or other decision-maker. The entitlement arises under rules that condition further proceedings or liability on the party's receipt of that chance. It ensures basic fairness by allowing response, investigation, or disclosure before adverse consequences attach.
Onyx O'Reilly filed a complaint alleging that Oakridge Manufacturing knowingly shipped defective parts. Defense counsel moved for sanctions under Rule 11, claiming the factual allegations lacked support. The court denied sanctions because O'Reilly's counsel had identified the need for discovery and had not yet had a reasonable opportunity for further investigation.
Oskar Ocampo sued Oceanview Properties for negligence after a slip-and-fall. At a pretrial conference the judge announced judicial notice of the building's public operating hours drawn from a government website. Ocampo promptly requested an opportunity to be heard on whether the fact was properly noticed and how it should be framed.
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Otis Olsen, a director of Outback Mining, learned of a promising mineral lease adjacent to the company's operations. Before Olsen became obligated to acquire the lease, he disclosed all material facts to the board. Qualified directors then disclaimed the corporation's interest under the procedures of section 8.62.
Judge Oswald Orozco received an ex parte email from counsel for Odyssey Logistics describing settlement discussions. The judge promptly notified all parties of the substance of the communication and set a short briefing schedule so that opposing counsel could respond.
Olivia Owens, a client, was asked to sign a loan agreement with her lawyer that created a security interest in her accounts receivable. The lawyer advised Owens in writing of the desirability of seeking independent counsel and gave her two weeks to consult another attorney before signing.
Oakley Osei signed a document presented as a simple receipt for goods. The document actually contained an arbitration clause and a broad release of claims. Because Osei neither knew nor had a reasonable opportunity to learn the essential terms, his signature did not manifest assent to the arbitration provision.
No. A party who makes a timely request remains entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed, even if the court has already announced the notice.
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The director must bring the opportunity to the corporation's attention before becoming legally obligated and either obtain qualified-director or shareholder disclaimer under the procedures for conflicting-interest transactions.
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A signature is ineffective when a misrepresentation about the character or essential terms induces apparent assent by someone who neither knows nor has a reasonable opportunity to learn those terms.
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Factual contentions may be made if they will likely have evidentiary support after a reasonable opportunity for further investigation or discovery, provided the paper is not presented for an improper purpose.
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…in most States today. At least with respect to the early stage of pregnancy, and very possibly without such a limitation, the opportunity to make this choice was present in this country well into the 19th century. Even later, the law continued for some time to treat less punitively an abortion procured in early pregnancy. 6.…