Also known as: timeliness
Written by attorneys · grounded in primary & secondary sources — see below
A procedural condition requiring that a party perform an act within the time limits established by applicable rules or statutes to avoid waiver or forfeiture of rights.
Trevor Tate served interrogatories on Terra Financial. Terra Financial responded with objections thirty-five days later without stating grounds with specificity. The court deemed the objections untimely under the governing rule and held that Terra Financial waived any unstated grounds.
Taliah Tang asked the court to take judicial notice of a publicly recorded deed. The opposing party made no request to be heard until after the court had already noticed the fact. The court permitted the party to be heard because the request, though late, remained timely under the rule.
Select any source to read its text and confirm it supports the definition.
Tessa Takahashi left a state agency with confidential information about a regulated company. Her new firm immediately screened her from the matter and gave written notice to the agency. The screening measures satisfied the timely-screening requirement and allowed the firm to continue representation.
Tonya Takahashi elected not to testify at her criminal trial. Her counsel submitted a written request for a no-adverse-inference instruction before closing arguments. The court granted the instruction because the request was timely.
Tabitha Taylor learned that her accomplice planned an armed robbery. She contacted police the same day and provided details that allowed officers to intervene. Her warning counted as timely under the statute and relieved her of liability for the completed offense.
Thaddeus Tran registered as a putative father two weeks after the child's birth. When the mother later petitioned to terminate his rights, the adoption agency gave him notice of the proceeding. Because the registration occurred timely, Tran received the required notice and an opportunity to appear.
Any ground not stated in a timely objection is waived unless the court excuses the failure for good cause.
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No. Even if the court takes judicial notice before notifying a party, the party may still request and receive an opportunity to be heard on timely request.
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The defendant must make the request in a timely manner. Once made, the instruction is constitutionally required.
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Timely screening of the disqualified lawyer, together with written notice to the agency, permits the firm to continue the representation despite the lawyer's prior access to confidential government information.
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…715 (1940); Doyle v. Moylan , 141 F. Supp. 95 (D. C. D. Mass. 1956), is not involved in this case, since the action clearly was timely commenced. (Respondent filed bond on March 1, 1962; the complaint was filed February 6, 1963, and the service—the propriety of which is in dispute—was made on February 8, 1963.) 331 F. 2d,…