Pending litigation refers to legal proceedings that are ongoing. A judge may enforce temporary orders, such as spousal or child support, until a final judgment is reached. Parties involved can request inclusions or raise objections, but once a judge rules, the order remains in effect until the case is resolved. Ignoring a court order can result in penalties such as fines or jail time and may negatively affect the outcome of the case.
A Latin term, pending litigation means during litigation or while lawsuits are pending. A judge may enforce such an order while legal proceedings are still pending. Similarly, the parties to a case can sign a legal agreement that is effective until the final judgment in a lawsuit. For example, if a couple is divorcing, one spouse can apply for spousal support. In some cases, a judge may then create a support order to ensure that the spouse’s living expenses can be met while the divorce process continues.
The easiest way to think of the term pending litigation is to think of it in terms of temporary and long-term legal agreements and court orders; the order is only temporary. In some cases, however, a judge’s order may be transformed into a standing order once the court proceedings have ended. For example, a judge may create a pending litigation child support order, pending the outcome of a child custody lawsuit. Once the child custody case has been decided, the judge issues a final child support order, which can look a lot like the interim order. When the standing order takes effect, the temporary order is no longer valid.
In many jurisdictions, special hearings are scheduled to provide temporary relief until a legal proceeding is concluded. For example, divorced spouses may attend pending litigation hearings to determine which spouse will receive temporary custody, child support, and visitation. This type of hearing can also be used to determine who will live in the family home during the divorce and who will be responsible for the costs of divorce litigation. Often, these hearings also decide things like who will be responsible for maintaining a couple’s medical insurance or paying joint bills.
Typically, parties to a legal proceeding have the right to request certain inclusions for their pending litigation orders or raise objections to others. However, once the judge has ruled, the order usually remains in effect until the case is resolved in court or with the agreement of the parties involved. If a party ignores or fails to meet the requirements set forth in a pending litigation order, it may face the penalties permitted in its jurisdiction. In some places, ignoring a court order is considered contempt of court and can result in penalties such as jail time or fines. Also, the person who ignored the court order may be less likely to win the case.
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