A brief case is a legal term for a process expected to finish quickly, prioritized by courts for efficiency. The definition varies by jurisdiction and complexity of the case. It promotes judicial efficiency and allows litigants with easier problems to have their cases reviewed promptly.
A “brief case” is a legal term to describe a process that is expected to finish particularly quickly. In the event that a lawsuit is deemed to be a short case, it will be moved up the list of cases to be heard, called the docket, to be resolved as quickly as possible. By prioritizing such cases, the court maximizes its efficiency and ensures that disputes are resolved promptly. In the event that problems such as to make the proceeding last longer than expected arise in a case deemed to be of short duration, the judge may at his discretion declare the annulment of the process and oblige the parties to re-archive the case as a long case.
A case will commonly be defined as a short case if the expected resolution time is four to five hours, but the exact definition varies from jurisdiction to jurisdiction, usually depending on the amount of business the court sees. For example, courts within cities that typically see a large amount of activity are more likely to have a more stringent brief case standard than a rural area that sees fewer lawsuits. This is because the greater the amount of activity seen in a court of law, the greater the need for judicial efficiency.
The factors that cause a case to have a short resolution time, and therefore to be considered a short case, will depend on the type of case and its complexity. Typically, the more complex a case, the longer it will take to resolve. In a divorce case, for example, a case may be considered a short lawsuit if the parties largely agree on the terms of the divorce or if the parties have not been married long enough for complex issues to arise. However, if issues such as child custody, child support, or complex property division issues are to be part of the proceedings, the case is likely to last a relatively long time.
The policy behind the brief case designation is to promote judicial efficiency in resolving workplace cases. In many jurisdictions, dockets are supported to the point that litigants are unable to have their cases reviewed in a reasonable amount of time. By creating a short litigation designation, a litigant who has an easier problem to resolve can have their case reviewed without that waiting period.
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