Litispendence refers to the duration during which a legal case is ongoing and has not yet been resolved by a judge or jury.
Litispendence is the term used to describe the duration of a lawsuit, from the time it is filed until a final judgement is made by the court. For instance, when John sued his former employer for wrongful termination, the litispendence period began on the day the lawsuit was filed and will continue until the court makes a final decision. During this period, the parties involved in the lawsuit are prohibited from taking any action that could influence the outcome of the case, such as settling or dismissing the case without the court’s consent.
Litispendence refers to a situation where the same dispute is being litigated in two different courts at the same time.
Litispendence is not necessarily illegal, but it can create complications and inefficiencies in the legal process.
Litispendence can prolong the resolution of a legal dispute and may result in conflicting judgments from different courts.
Filing a lawsuit in multiple courts for the same issue can lead to litispendence and is generally not advisable.
To avoid litispendence, it is important to carefully consider the jurisdiction and venue for filing a lawsuit and to ensure that any related cases are consolidated or coordinated.
If litispendence occurs, the courts involved may need to coordinate and potentially consolidate the cases to avoid conflicting judgments.
Litispendence can be raised as a defence to argue that a case should be dismissed or stayed due to the same dispute being litigated elsewhere.
The consequences of litispendence can include delays in the resolution of the legal dispute, increased legal costs, and potential confusion or inconsistency in court rulings.
Litispendence can potentially be resolved through mediation or arbitration if all parties involved agree to consolidate the cases and pursue alternative dispute resolution.
If you suspect litispendence in your case, it is advisable to seek legal advice from an attorney who can help navigate the complexities of the situation and determine the best course of action.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/litispendence/
- Modern Language Association (MLA):Litispendence. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/litispendence/.
- Chicago Manual of Style (CMS):Litispendence. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/litispendence/ (accessed: May 09 2024).
- American Psychological Association (APA):Litispendence. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/litispendence/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts