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LSDefine
Simple English definitions for legal terms
dilatory defense
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A quick definition of dilatory defense:
A dilatory defense is a type of defense used by a defendant in a lawsuit to delay or obstruct the case without addressing the actual merits of the case. It is not a defense that argues against the plaintiff's claims, but rather a technical objection that temporarily halts the proceedings. Examples of dilatory defenses include lack of capacity to sue, statute of limitations, and settlement.A more thorough explanation:
A dilatory defense is a type of defense used in a lawsuit that temporarily obstructs or delays the case but does not address the merits. Examples of dilatory defenses include misjoinder, nonjoinder, res judicata, misnomer, lack of capacity to sue, another action pending, statute of limitations, prematurity, unripeness, release, and settlement.
For instance, if a defendant in a lawsuit claims that the plaintiff filed the lawsuit too late, the defendant is using a dilatory defense. This defense does not address the substance of the case but rather seeks to delay the proceedings.