Also known as: renews · renewed · renewing · renewal · renewals · extend · reinstate
Written by attorneys · grounded in primary & secondary sources — see below
Revival or extension of the effectiveness of a legal right, obligation, motion, or instrument after it has lapsed or is about to expire. The action restores the prior legal status for a new period or allows further proceedings on the original matter.
After an initial dismissal for lack of jurisdiction, Ricardo Rojas files a new complaint in federal court asserting the same constitutional claim against a state official. The court accepts the renewed filing because the judicial power extends to cases arising under the Constitution. The case proceeds on the merits.
Riverstone Manufacturing misses two mortgage payments, triggering an acceleration clause. Before the acceleration date, the company tenders the full amount then owing plus late fees to the lender. The mortgage obligation is reinstated and the foreclosure action is dismissed.
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Roberto Reyes is convicted by jury on fraud charges. Fourteen days later his counsel files a renewed motion for judgment of acquittal arguing insufficient evidence. The court considers the motion on the merits because it was timely filed after the verdict.
Rina Rahman objects to the admission of prior statements as hearsay. The court issues a definitive ruling excluding the evidence. At trial Rahman does not repeat the objection. The appellate court reviews the ruling because no renewal was required after the definitive pretrial decision.
Regal Apparel was formed when state law required limited-duration corporations. Its board adopts an amendment extending perpetual existence. The amendment takes effect without shareholder vote because it merely removes an outdated duration limit.
Rebecca Ross is unconscious after an accident. A physician performs emergency surgery to save her life. The physician is not liable for battery because the circumstances create an independent privilege to perform the necessary procedure.
A defendant may move for a judgment of acquittal or renew such a motion within fourteen days after a guilty verdict or after the court discharges the jury, whichever is later. Timely filing preserves the right to challenge evidentiary sufficiency.
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Once the court rules definitively on the record before or at trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal. The definitive ruling satisfies preservation requirements.
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Prior to the date an acceleration becomes effective, the mortgagor may cure the default and reinstate the mortgage obligation by paying or tendering the amount then owing or performing any other required duty under the mortgage documents.
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…and that courts as well as other departments are bound by that instrument. Therefore the Judiciary Act insofar as it purports to extend the Supreme Court's original jurisdiction beyond that which the Constitution permits is repugnant to the Constitution and void. The mandate of the Judiciary Act giving the Supreme Court…