Also known as: prorogatio · extension of time
Written by attorneys · grounded in primary & secondary sources — see below
A historical extension of a period or grant of jurisdiction from one fixed time to a later fixed time. The extension operates by agreement or court order to postpone an obligation or authority that would otherwise expire.
Patriot Insurance leased a storefront to Paige Porter for one year ending March 31. The lease said nothing about holdovers. Paige remained in possession through April 10 while seeking new space. Patriot elected to bind Paige to another full year on the same rent rather than seek immediate removal. The election bound Paige because no prorogatio de tempore in tempus had been granted and she had not vacated before the election took effect.
After her husband's death, the surviving spouse petitioned within nine months for more time to elect against the will. She gave notice to all interested persons. The court granted a prorogatio de tempore in tempus for cause shown, allowing the election to proceed without excluding nonprobate transfers from the augmented estate.
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A lease required a tenant to remove improvements by termination. Equitable considerations justified some extension of time. The tenant obtained a prorogatio de tempore in tempus so removal could occur before the extended period expired, remaining liable for resulting special damages.
A defendant appeared solely to obtain an extension of time to respond to the complaint. The court treated the appearance as conferring jurisdiction via prorogatio de tempore in tempus. The defendant remained able to contest jurisdiction later because the request showed no intent to submit to the court's power.
An obligee demanded payment in legal tender after a money condition arose. The obligor needed extra time to procure it in the ordinary course. The court allowed a prorogatio de tempore in tempus reasonably necessary to satisfy the tender requirement.
A death-row inmate needed more time to file a habeas application. A motion for extension was filed in the federal district court that would have jurisdiction. The court considered whether to grant a prorogatio de tempore in tempus under the applicable statute.
It refers to a historical extension of a period or grant of jurisdiction from one fixed time to a later fixed time. The extension postpones an obligation or authority that would otherwise expire.
No. The landlord or incoming tenant may unilaterally elect to bind the holdover tenant to another term. Equitable considerations may justify a short extension to vacate only if the tenant actually leaves within that period.
The spouse may petition within nine months after death. For cause shown the court may extend the period if notice is given to interested persons.
…entered a formal appearance before the District Court on behalf of AID. On at least one occasion petitioner requested an extension of time to file a brief, representing that " [a]n extension is necessary for the Department of Justice to consult with . . .the Department of State [on] the brief.' " See Brief for Respondents 31,…