Also known as: postpones · postponed · postponing · postponement
Written by attorneys · grounded in primary & secondary sources — see below
An action of deferring an event, obligation, or proceeding to a later time.
Patrick Phan sued a supplier in federal court. The supplier filed a Rule 12(b)(6) motion. The court denied the motion in a short order. The supplier served its answer twenty days later. The plaintiff moved for default, arguing the answer was untimely.
Priscilla Parks planned to burn a rival's warehouse. She assembled gasoline and matches but then decided to wait until insurance rates rose. Police arrested her for attempted arson. She asserted the MPC renunciation defense.
Paige Porter's will created a trust for her son for life, then principal to the son's children per stirpes at the son's death. One grandchild died before the son. The grandchild's descendants claimed the share under the postponed class gift rule.
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Progressive Healthcare borrowed from a lender and signed a security agreement covering equipment. The agreement stated attachment would occur only after the lender recorded a financing statement. The lender later claimed the interest attached immediately upon signing.
Penelope Price defaulted on her home mortgage. The lender scheduled a foreclosure sale. Price tendered full cure payment one day before the sale date. The lender refused the tender as untimely under the uniform act.
Parker Phillips saw a blind pedestrian step into traffic. Phillips pushed the pedestrian to safety, causing minor injury. The pedestrian later sued for battery. Phillips raised the privilege to act immediately rather than seek court relief.
Under the federal rules, if a court denies a motion or postpones its disposition until trial, the responsive pleading must be served within fourteen days after notice of the court's action. The clock starts upon notice of the denial or postponement order itself.
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Renunciation is not voluntary if motivated by a decision to postpone the criminal conduct until a more advantageous time. A mere postponement therefore fails to establish the complete and voluntary renunciation required for the defense.
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A beneficiary of a postponed single-generation class gift who fails to survive the distribution date is excluded from the class. The share passes by representation to the class member's surviving descendants or to other surviving class members.
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…United States Court of Appeals for the Fifth Circuit. That court ordered the appeals held in abeyance pending decision here. We postponed decision on jurisdiction to the hearing on the merits. 402 U. S. 941 (1971). III It might have been preferable if the defendant, pursuant to our Rule 20, had presented to us a…