Also known as: expedite litigation · expedited litigation · expedites litigation · speedy trial · expedited proceedings
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An ethical obligation requiring a lawyer to take reasonable steps to advance a case toward resolution without unnecessary delay when doing so aligns with the client's goals. The duty permits strategic timing only when justified by legitimate preparation needs rather than mere tactical advantage.
An ethical obligation requiring a lawyer to take reasonable steps to advance a case toward resolution without unnecessary delay when doing so aligns with the client's goals. The duty permits strategic timing only when justified by legitimate preparation needs rather than mere tactical advantage.
Select any source to read its text and confirm it supports the definition.
A Sixth Amendment protection against undue delay in criminal prosecutions. Courts evaluate claims by balancing the length of delay, the reasons for delay, the defendant's assertion of the right, and prejudice to the defendant.
Select any source to read its text and confirm it supports the definition.
A Sixth Amendment protection against undue delay in criminal prosecutions. Courts evaluate claims by balancing the length of delay, the reasons for delay, the defendant's assertion of the right, and prejudice to the defendant.
Each sense below has its own examples, sources, and questions.
Elise Everly sued Elemental Pharmaceuticals after the company terminated her endorsement contract. The company's lawyer obtained repeated extensions for discovery responses even after core documents had already been produced and then moved to set trial eighteen months away to await Elise's next performance season. The court found the delays unreasonable because they served only to speculate on future events rather than advance case preparation.
A lawyer violates the duty when actions causing delay lack any substantial purpose beyond delay itself. Courts ask whether a competent lawyer acting in good faith would view the conduct as serving a legitimate case need rather than strategic postponement.
Supporting sources
Ethan Evans was indicted for accepting bribes. Court congestion and the prosecutor's decision to try alleged bribe payers first postponed his trial for six years. Ethan filed two written speedy-trial demands, lived under travel restrictions, and lost key defense witnesses who moved away or died. The court applied the balancing test and dismissed the charges.
No. The right attaches only once a person is indicted or otherwise formally charged. Periods before charging or after dismissal without pending charges are not counted in the analysis.
Supporting sources
Dismissal of the charges with prejudice is the only remedy. The conviction must be vacated and the indictment dismissed.
Supporting sources
Delays caused by defense counsel are ordinarily attributed to the defendant. Such delays reduce the weight of the length-of-delay factor against the state.