Skip to content
Urban Justice Docket

      The clocks

      This docket

      Archive

      Every entry — page 9

      The full library in alphabetical order, across every area of law.

      The Window to Appeal

      The Event That Opens the Appeal Window

      Appeal windows run from a trigger defined by the applicable rule: the pronouncement of a decision, its entry, its service, or occasionally its receipt. Different systems and different decision types use different triggers, and the difference is frequently decisive because appeal periods are short and rarely extendable. Establishing the trigger is the first step in calculating anything.

      6 min readCourts and agencies

      Waiting and Delay

      The Evidence an Expedite Request Needs

      Each recognized expedite ground has an evidential shape: financial loss requires figures and dates, medical grounds require clinical evidence, an error by the deciding body requires the record, and every ground requires imminence to be demonstrated rather than asserted. Requests fail overwhelmingly for want of documents rather than for want of merit.

      6 min readAgency practice

      Counting the Days

      The Last Day, and What Time It Ends

      Deadlines expire at an hour as well as on a date, and the hour depends on how the step is taken. Paper filing usually ends at the office's closing time, electronic filing frequently runs to midnight in the forum's time zone, and service on a party may have its own cut-off. A step taken after the cut-off is treated as taken the following day.

      6 min readCourts and agencies

      Filing, and When It Counts

      The Mailbox Rule, and Where It Applies

      Mailbox provisions treat a document as filed on the date of dispatch rather than the date of receipt. They exist in defined contexts, most familiarly for parties in custody and for certain categories of submission, and they are the exception rather than the general position. Everywhere else, posting a document on the deadline means filing it late.

      6 min readCourts and agencies

      Receiving Notice

      The Notice Nobody Ever Saw

      Where a party genuinely never received notice and a decision followed, most systems provide a route to have it reopened or set aside. Success depends on establishing non-receipt with evidence rather than assertion, on moving immediately once the matter is discovered, and on showing that the outcome would plausibly have been different had the party participated.

      6 min readAgency practice

      Hearings and Appearances

      The Reasons a Postponement Is Granted

      Postponements are granted where something genuinely prevents a fair hearing: illness, unavailability of essential evidence or witnesses, a recent and unavoidable change of representation, or a conflicting commitment that could not be avoided. They are refused where the reason is foreseeable, self-inflicted, unsupported by evidence, or amounts to a preference about timing.

      6 min readCourts and agencies

      Missing a Deadline

      The Reasons That Rarely Work

      Certain explanations for missing a deadline fail with great consistency: pressure of work, not knowing about the period, an internal system failure, waiting for instructions, and reliance on somebody else. Recognizing that an application rests on one of them is useful, because it redirects the effort toward the factors that can still be influenced.

      6 min readCourt rules

      Counting the Days

      Time Zones and a National Deadline

      Where a system serves filers across several time zones, it records submissions on its own clock. A party in a different zone has correspondingly less of the last day, and the shortfall is silent: the interface shows a date rather than a boundary. Service between parties in different zones raises the same question separately.

      6 min readAgency practice

      Waiting and Delay

      Tracking a Matter While It Waits

      Matters that sit for months or years accumulate risks that have nothing to do with the delay itself: stale addresses, unmonitored accounts, expired representation, decayed evidence and changed circumstances nobody reported. A regular review rhythm, a single running record and monitored channels turn a passive wait into a managed one.

      6 min readAgency practice

      Counting the Days

      Two Deadlines at Once, and Which Governs

      Where more than one instrument sets a date for the same step, the usual order of precedence puts a specific order above a general rule and a statute above both. Where the position is genuinely unclear, the earlier date is the safe one. The real risk is not the conflict but the failure to notice that a second date exists.

      6 min readCourts and agencies

      Time Limits on a Claim

      Two Jurisdictions, Two Limitation Periods

      Where a claim has connections to more than one jurisdiction, the forum applies its own choice of law rules to decide which limitation period governs. Traditionally limitation was procedural and the forum's own period applied; borrowing statutes and modern approaches frequently point to the place with the closer connection instead.

      6 min readCourt rules

      Missing a Deadline

      Undoing a Default Already Entered

      An application to set aside a default generally requires the applicant to show a defense with a real prospect of success, to explain the failure that produced the default, and to have applied promptly. Some defaults are set aside as of right, most commonly where service was defective. Conditions such as costs and payment into an account are frequently attached.

      6 min readCourt rules