Also known as: under advisement
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
Careful consideration of a matter by a court or other decision maker before issuing a ruling. A court takes a pending motion or request under advisement when it defers decision to review the record and arguments.
Careful consideration of a matter by a court or other decision maker before issuing a ruling. A court takes a pending motion or request under advisement when it defers decision to review the record and arguments.
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An offeree's expressed intention to consider an offer further rather than reject it outright. Such a statement prevents termination of the power of acceptance that would otherwise follow a rejection.
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A warning or explanation given to a suspect concerning constitutional rights, particularly the right to counsel during interrogation. The advisement must be sufficiently comprehensive to support a valid waiver.
Select any source to read its text and confirm it supports the definition.
An offeree's expressed intention to consider an offer further rather than reject it outright. Such a statement prevents termination of the power of acceptance that would otherwise follow a rejection.
A warning or explanation given to a suspect concerning constitutional rights, particularly the right to counsel during interrogation. The advisement must be sufficiently comprehensive to support a valid waiver.
Each sense below has its own examples, sources, and questions.
After hearing argument on whether a French judgment should be enforced against Arthur Abrams, the court states it will take the matter under advisement to examine comity principles and the parties' submissions before deciding.
The trial judge grants a defense motion to exclude the press from a criminal trial and states that the newspaper's later motion to intervene will be taken under advisement while the trial proceeds.
The district court hears argument on whether to stay federal litigation in favor of arbitration, then takes the motion under advisement while the parties complete limited discovery on arbitrability.
After oral argument on whether a federal statute restricting editorial content violates the First Amendment, the court takes the case under advisement to consider the applicable level of scrutiny and the statute's tailoring.
The court defers decision to review the record, briefs, and arguments before ruling. This practice appears in both trial and appellate contexts when immediate resolution is not required.
Supporting sources
Yes. A court may defer ruling on a timely motion for judgment as a matter of law or summary judgment while the record is completed or objections are resolved.
Supporting sources
Alice Atkins receives a written offer from Anchor Bank to purchase her commercial property. She replies that she needs a few days to review financing options with her accountant. Because her response shows an intention to take the offer under further advisement, the bank's power of acceptance remains intact and no rejection has occurred.
The statement prevents the offer from being treated as rejected. The offeree's power of acceptance therefore continues rather than terminating under ordinary rejection rules.
Supporting sources
Officers arrest Antonio Alvarado and read him a form stating he has the right to counsel before answering questions and at any time during the interview. The advisement is held sufficient even though it does not use the precise phrase "during questioning."
The warning must communicate that the suspect may consult counsel before answering questions and may invoke the right at any time during the interview. Minor variations in wording do not invalidate the advisement if the core rights are conveyed.
Supporting sources
…order of September 12, 1978, reflects that in the absence of the jury the defendant made a motion for a mistrial which was taken under advisement; at the conclusion of the Commonwealth's evidence, defense counsel moved to strike the Commonwealth's evidence, that motion was sustained, and the court found the accused not guilty and…