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Simple English definitions for legal terms
dilatory exception
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A quick definition of dilatory exception:
A dilatory exception is a formal objection made by a party in court that is intended to delay the legal process, but not dismiss the case entirely. It is different from other types of exceptions, which are objections made to a court's ruling or jurisdiction. Dilatory exceptions are used to buy time or gain an advantage in a legal case.
A more thorough explanation:
A dilatory exception is a type of objection made in court that is intended to delay but not dismiss an action. It is different from a declinatory exception, which challenges the court's jurisdiction, and a peremptory exception, which asserts that no legal remedy exists for the plaintiff's alleged injury.
For example, a defendant in a civil lawsuit may file a dilatory exception to request additional time to respond to the plaintiff's complaint. This can be done for various reasons, such as needing more time to gather evidence or consult with legal counsel.
Another example of a dilatory exception is when a party objects to a court ruling but does not intend to appeal the decision. This type of objection is made to preserve the issue for appeal in case the party changes their mind later on.
Overall, a dilatory exception is a legal tactic used to delay proceedings without dismissing the case entirely.