Also known as: abeyances · abeyant · suspension · in abeyance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A period of temporary inactivity or suspension. The condition arises when a legal process, obligation, or right is held without effect until a specified event occurs or a decision is rendered.
A period of temporary inactivity or suspension. The condition arises when a legal process, obligation, or right is held without effect until a specified event occurs or a decision is rendered.
Audrey Ashton invited Aaron Adams onto her property to inspect equipment. When she revoked consent without advance notice, Aaron's presence remained privileged only while departing promptly. The court placed any trespass claim in abeyance pending determination that Aaron had left in a reasonable manner.
A state disciplinary board charged a judge with associating with drug dealers. The reviewing court held the removal action in abeyance while it assessed whether the off-bench conduct brought the office into disrepute under the judicial canons.
A lapse in succession during which no person holds vested title to property. Ownership remains in expectation until the contingency resolving the lapse occurs.
Property is in abeyance when a limitation leaves no person in being who can convey an absolute fee. The Restatement limits such suspension to lives in being plus a minority period.
A lapse in succession during which no person holds vested title to property. Ownership remains in expectation until the contingency resolving the lapse occurs.
Each sense below has its own examples, sources, and questions.
Anchor Bank consented to Alpine Mining leaving drilling rigs on its land. After consent ended, the bank placed any ejectment action in abeyance to allow Alpine a reasonable time to retrieve the equipment under the governing privilege.
During an epileptic episode, Adrian Aguilar's arm struck Amelia Amari. The court placed any battery claim in abeyance because the movements occurred while volition was in abeyance and therefore did not constitute an act.
After the district court denied injunctive relief in the abortion case, the court of appeals ordered the parties' cross-appeals held in abeyance until the Supreme Court resolved the jurisdictional questions.
The Attorney General suspended Chadha's deportation order. The House passed a resolution vetoing the suspension, placing the alien's continued presence in abeyance until the Supreme Court decided whether the legislative veto was constitutional.
Abeyance creates only a temporary pause. The right or process remains available once the suspending condition ends, whereas termination extinguishes the right entirely.
No. Abeyance merely postpones proceedings. The limitations period continues to run unless a separate tolling statute or equitable doctrine applies.
The governing statute requires any challenge to be filed within sixty days. An agency may not unilaterally extend that period by holding the revocation in abeyance.
…have taken protective appeals to the 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…