Also known as: leave of court · by leave · with court permission · court approval
Written by attorneys · grounded in primary & secondary sources — see below
A requirement that a party obtain judicial permission before taking a specified action in litigation or other proceedings. The court grants permission when the action is consistent with applicable procedural rules and does not unduly prejudice other parties.
Bradley Banks serves a notice to depose a nonparty witness in a contract dispute. The parties have not agreed to the deposition and more than ten have already been taken. Banks files a motion requesting permission to proceed. The court grants the motion after confirming the deposition meets relevance and proportionality standards under the discovery rules.
Brianna Burke objects to a proposed class settlement that would bind all members. She files the objection and simultaneously moves for permission to present evidence at the fairness hearing. The court grants leave after finding the objection raises issues that warrant further development.
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Boulder Construction seeks to extend the discovery cutoff by thirty days to complete document production. The parties cannot stipulate because the extension would affect the trial date. Boulder files a motion requesting permission. The court grants leave after determining the delay is justified and will not prejudice the opposing party.
Beacon Bank notices a deposition of a witness expected to be unavailable at trial. The witness later becomes unavailable despite diligent efforts to secure counsel. Beacon moves for permission to use the transcript at trial. The court grants leave after confirming the unavailability exception applies.
Bharat Bhatia holds funds claimed by two competing parties in an interpleader action. He moves for permission to deposit the money with the court clerk. The court grants leave and issues an order directing delivery of a copy to the clerk.
Boreal Energy seeks to intervene in a pending Court of International Trade proceeding that will affect its import licenses. It files a motion requesting permission. The court grants leave after determining intervention will not unduly delay the case or prejudice the original parties.
A party must obtain leave when the parties have not stipulated and the deposition would exceed the presumptive limits in the rules, such as more than ten depositions or a deposition of a person already deposed. The court grants leave to the extent consistent with the scope and limits of discovery.
No. A trustee may exercise powers granted by the trust instrument or default law without prior court approval unless the instrument or a statute requires it. Court approval becomes necessary only when a dispute arises or the trustee seeks protection beyond existing authority.
The deposition may not be used against a party who shows that, despite diligent efforts, it could not obtain counsel to represent it at the deposition. The court may also impose sanctions or limit use of the transcript.
No. When relief sought includes a money judgment or disposition of a sum of money, a party may deposit the funds only on notice to every other party and by leave of court. The depositing party must deliver a copy of the order to the clerk.
…the pension"); see also La. Civ. Code Ann., Art. 3261 (West 1961) (succession representative has broad power, subject to probate court approval, to liquidate an estate through sale or exchange of estate assets "to pay debts and legacies, or for any other purpose"). Cf. La. Rev. Stat. Ann. § 9:2801 (West 1991 and Supp. 1997)…