Also known as:with no delay · immediately · promptly · forthwith
Written by attorneys · grounded in primary & secondary sources — see below
A temporal requirement that an action be taken immediately or within the time reasonably permitted by law.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Robbery Retention of Property
Wendy Wu grabbed a purse from a victim on the street. When the victim immediately pursued her, Wendy used force to fend off the chase and keep the purse. The force satisfied the requirement because it occurred without delay to retain possession.
Presidential Term Commencement
After an electoral tie, the House of Representatives was required to choose the President. The House acted without delay by immediately choosing by ballot as the constitutional provision directed.
Pleading Signature Correction
Willow West filed an unsigned complaint. After the court notified her of the omission, she signed and resubmitted the document without delay. The court accepted the corrected filing.
Wesley Wells was arrested without a warrant. Officers filed a probable cause complaint in the proper district without delay. The filing met the timing requirement for the initial appearance process.
Inadvertent Privilege Disclosure
Winston West inadvertently produced privileged documents. He took reasonable steps to notify the recipient and request return without delay. The prompt action prevented waiver of the protection.
Robbery Threat of Felony
Willa Whitman took property while threatening to commit an immediate first-degree felony. The threat occurred without delay during the theft and elevated the offense under the statute.
Common questions
Frequently Asked
4
What does without delay require in legal rules?+
It requires action immediately or within the time reasonably allowed by law rather than at some later convenient point.
Supporting sources
Does without delay always mean instantly?+
No. It permits the time reasonably allowed by the specific rule or circumstances, such as prompt filing after notice of an error.
Supporting sources
How does without delay affect waiver of privileges?+
A party must act without delay to rectify an inadvertent disclosure or risk losing protection under evidence rules.
What happens if a filing is not made without delay after arrest?+
A complaint must be filed without delay in the proper district or the arrest process may be defective under criminal procedure rules.
410 U.S. 113 (1973)Constitutional Law
…Roe. Pp. 129-166. (a) The principle that a court may not enjoin enforcement of a statute unless the plaintiff shows that he is immediately threatened with irreparable injury is not applicable where the plaintiff attacks the facial validity of the statute on the ground that it is unconstitutionally vague or overbroad. Pp.…