Also known as:proceeds with · proceeded with · proceeding with
Written by attorneys · grounded in primary & secondary sources — see below
A directive or authorization allowing a court or party to continue or advance a legal proceeding or action after an interruption or preliminary step.
Sources & Authorities
How it applies
Common Examples
6
State Court Resumes After Remand
After the federal district court remanded the removed action for lack of jurisdiction, the clerk mailed the certified order to the state court clerk. The state court then allowed the parties to resume discovery and set a new trial date in the contract dispute between Piper Patel and Pinnacle Holdings.
Deposition Proceeds After Notice
After serving proper notice on the defendant, the plaintiff moved to proceed with the scheduled deposition in the employment dispute between Maria Lopez and Apex Manufacturing. The court authorized continuation when the defendant sought to delay without cause.
Preliminary Injunction Motion Advances
After obtaining an ex parte temporary restraining order, the plaintiff sought to proceed with the preliminary-injunction hearing in the trademark action between TechStart Inc. and rival ByteWorks LLC. The court set the earliest hearing date to avoid dissolution of the order.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Trial Continues After Reserved Ruling
The court reserved decision on the motion for judgment of acquittal and directed the parties to proceed with the trial in the criminal case against defendant Jordan Hale. Evidence presentation resumed so the jury could hear all testimony before the motion was decided.
Arbitration Proceeds on Separate Claims
When separate arbitration agreements existed between the same parties, the arbitrator allowed the claimant to proceed with the distinct contract claim against respondent Delta Services. The panel addressed each agreement independently without consolidation.
Foreclosure Continues After Resolution Fails
After the foreclosure-resolution agency determined the homeowner had not participated, the creditor received permission to proceed with foreclosure on the mortgage held by borrower Elena Vargas. The court issued the order allowing sale scheduling.
Common questions
Frequently Asked
3
When may a state court resume a case after federal remand under 28 U.S.C. § 1447(c)?+
The statute provides that once the federal district court remands the case, the state court may thereupon proceed with such case. The certified copy of the remand order is mailed to the state court clerk, after which the state court regains authority to continue the litigation without further federal interference.
Supporting sources
Does a court always allow a party to proceed with a deposition after notice is given?+
Under Fed. R. Civ. P. 30(g)(1), a party that fails to attend and proceed with the deposition after proper notice may be required to pay the reasonable expenses incurred by the opposing party. The rule therefore conditions continuation on compliance with notice requirements.
Supporting sources
What happens if a party fails to proceed with a preliminary-injunction motion after obtaining an ex parte order?+
Fed. R. Civ. P. 65(b)(3) requires the party who obtained the order to proceed with the motion at the earliest possible hearing. If the party does not proceed, the court must dissolve the order, preventing indefinite continuation of the temporary restraint.
Supporting sources
576 U.S. 644 (2015)Legislation and Regulation
…on the same terms and conditions as opposite-sex couples. IV There may be an initial inclination in these cases to proceed with caution—to await further legislation, litigation, and debate. The respondents warn there has been insufficient democratic discourse before deciding an issue so basic as the definition of…