Define: Loquela Sine Die

“Loquela Sine Die” is a Latin term that translates to “speech without a day.” It refers to a situation where a legal matter or case is adjourned indefinitely without a specific date set for resumption.

A case can be adjourned “Loquela Sine Die” when there are exceptional circumstances that prevent the court from proceeding with the matter, such as the unavailability of key witnesses or unforeseen events.

When a case is adjourned “Loquela Sine Die,” it means that there is no immediate plan to continue the proceedings. It can result in uncertainty and delays for the parties involved, as they may have to wait indefinitely for a resolution.

Yes, a case adjourned “Loquela Sine Die” can be reopened if the circumstances that led to the adjournment change or if new evidence emerges. However, it would require the parties involved to make a formal application to the court to resume the proceedings.

There is no specific time limit for reopening a case adjourned “Loquela Sine Die.” However, it is generally expected that the parties should act promptly and provide valid reasons for reopening the case.

In most jurisdictions, a case can be adjourned “Loquela Sine Die” without the consent of all parties if there are valid reasons justifying the adjournment. However, the court will consider the interests of all parties before making such a decision.

Typically, a case adjourned “Loquela Sine Die” cannot be appealed since there is no final decision or judgment rendered. However, if there are procedural irregularities or errors in the adjournment process, it may be possible to challenge the decision through appropriate legal channels.

When a case is adjourned “Loquela Sine Die,” the running of the statute of limitations is usually suspended. This means that the time period within which a legal action must be initiated is put on hold until the case is reopened or resolved.

In some cases, a court may dismiss a case adjourned “Loquela Sine Die” if there is a prolonged period of inactivity or if the parties fail to take necessary steps to resume the proceedings. However, the court will consider the circumstances and interests of all parties before making such a decision.

To request a case to be adjourned “Loquela Sine Die,” the party seeking the adjournment must present valid reasons to the court, such as the unavailability of crucial evidence or witnesses. The court will then evaluate the request and make a decision based on the merits of the case.