Also known as:goes forward · going forward · went forward · proceed
Written by attorneys · grounded in primary & secondary sources — see below
A directive or action by which a party in litigation begins or continues presenting evidence or arguments to the court.
Sources & Authorities
How it applies
Common Examples
6
House Revenue Bill Challenge
Gloria Green sued to block a revenue measure that had originated in the Senate. After the court denied the government's motion to dismiss, her counsel announced that the plaintiff would go forward with its case by introducing the legislative history showing the bill's improper origin.
Merged Offense Prosecution
Gary Goldman faced charges arising from one course of conduct that met both felony and misdemeanor elements. The prosecutor elected to go forward only on the felony count, treating the misdemeanor as merged under the common-law rule.
Seller's Resale Election
After the buyer repudiated, Galaxy Technologies chose to go forward under the resale remedy rather than seeking damages for non-acceptance. Its counsel presented evidence of the resale price and incidental costs at trial.
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Trustee Delivery Dispute
After removal, the former trustee of the Greenleaf Farms trust refused to turn over assets. The successor trustee moved the court to compel delivery, and the judge ordered the parties to go forward with an evidentiary hearing on possession.
Abortion Regulation Challenge
Planned Parenthood sought to enjoin enforcement of the spousal-notification provision. After the district court denied a preliminary injunction, the organization announced it would go forward with a full trial on the merits of the undue-burden claim.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Zoning Ordinance Suit
Ambler Realty challenged the village's residential zoning classification that restricted industrial use of its land. Following denial of summary judgment, counsel stated that the company would go forward with its evidence that the ordinance lacked any substantial relation to public health.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Common questions
Frequently Asked
4
What does it mean when a judge tells a party to go forward?+
The judge is directing the party to begin or resume presenting its evidence and arguments to the court. This instruction typically follows resolution of preliminary motions or a recess.
Does going forward require the party to call witnesses immediately?+
No. The party may open with documentary evidence, stipulations, or a brief statement before calling witnesses, provided it begins the presentation of its case.
Can a party decline to go forward after the court denies a motion to dismiss?+
Declining risks dismissal for failure to prosecute. Once the court directs the plaintiff to proceed, the party must present evidence or face an adverse judgment.
Is the phrase limited to plaintiffs?+
No. Defendants may be directed to go forward when presenting affirmative defenses or when the burden of proof has shifted.
576 U.S. 644 (2015)Legislation and Regulation
…on the same terms and conditions as opposite-sex couples. IV There may be an initial inclination in these cases to proceed with caution—to await further legislation, litigation, and debate. The respondents warn there has been insufficient democratic discourse before deciding an issue so basic as the definition…
Business Associations RelationshipsFormation, management, and control of general partnerships · Formation, management, and control of general partnershipsNEXTGENIntermediate