Also known as: settings
Written by attorneys · grounded in primary & secondary sources — see below
The action of a court, clerk or commissioner in scheduling a trial or hearing.
Select any source to read its text and confirm it supports the definition.
After a state enacts a law requiring Ten Commandments posters in classrooms, a school district challenges the statute in federal court. The clerk sets the preliminary injunction hearing for the following month. The court later rules the display unconstitutional because its religious purpose predominates in the public school environment.
A defendant receives the complaint in a state court contract action. The clerk sets the removal filing deadline at thirty days from service. When the defendant files the notice on day twenty-nine, the federal court accepts it as timely under the governing removal statute.
A testator's will devises property to an existing revocable trust. The probate court sets a hearing to confirm that the property passes directly into the trust rather than creating a new testamentary trust. The court approves the transfer and directs administration under the trust instrument.
After a jury returns a verdict, the losing party moves for a new trial citing an evidentiary ruling. The court sets the motion for hearing and later denies it because the claimed error did not affect any party's substantial rights.
Shareholders sign a voting trust agreement and transfer shares to the trustee. The corporation's counsel sets a board meeting to receive the required list of beneficial owners and the trust agreement. The board records the documents and recognizes the trustee's voting authority.
In a dissolution proceeding, one spouse files a motion for temporary maintenance supported by an affidavit. The court sets an expedited hearing and grants interim support after reviewing the factual basis and requested amounts.
Setting refers to the official scheduling of a trial or hearing by a court, clerk, or commissioner.
The setting of a hearing or trial date does not alter the thirty-day removal clock that begins upon receipt of the initial pleading.
Yes, courts retain discretion to reschedule hearings when justice requires, provided parties receive reasonable notice.
Setting the hearing allows the court to consider affidavits and evidence, fulfilling the obligation to give parties an opportunity to be heard on temporary relief requests.
…met by an unprecedented wave of terror by those who would deny and negate that document which the whole world looks upon as setting the pattern for modern freedom. . . ." Succeeding paragraphs purported to illustrate the "wave of terror" by describing certain alleged events. The text concluded with an appeal for funds…