Leave of court

LEAVE OF COURT. The grant by the court of something, which, without such grant it would have been unlawful to do.
     2. Asking leave of court to do any act, is an implied admission of jurisdiction of the court, and, in those cases in which the objection to the jurisdiction must be taken, if at all, by plea to the jurisdiction, and it can be taken in no other way, the court by such asking leave becomes fully vested with the jurisdiction. Bac. Ab. Abatement, A; Bac. Ab. Pleas, &c., E 2; Lawes, Pl. 91; 6 Pick. 391. But such admission cannot aid the jurisdiction except in such cases.
     3. The statute of 4 Ann. c. 16, s. 4, provides that it shall be lawful for any defendant, or tenant, in any action or suit, or for any plaintiff in replevin, in any court of record, with leave of the court, to plead as many several matters thereto, as he shall think necessary for his defence. The principles of this statute have been adopted by most of the states of the Union.
     4. When the defendant, in pursuance of this statute, pleads more than one plea in bar, to one and the same demand, or thing, all of the pleas, except the first, should purport to be pleaded with leave of the court. But the omission is not error nor cause of demurrer. Lawes, Pl. 132; 2 Chit. Pl. 421; Story, Pl. 72, 76; Gould on Pl. c. 8, Sec. 21; Andr. 109; 3 N. H. Rep. 523.

References in periodicals archive ?
The totality of these documents [presented by the Ombudsman] appear to be sufficient for purposes of denying the accused's motions for leave of court to file demurrer to evidence,' read the resolution.
The Court reiterates if the accused so choose, they may file a demurrer to evidence without leave of court, subject to the limitation and consequence provided in Section 23, Rule 119 of the Revised Rules on Criminal Procedure,' read the resolution.
This time around, the court said Revilla's arguments are "a mere reiteration and rehash of those contained in [his] motion for leave of court to file demurrer to evidence.
At any rate, the court reiterates that if the accused so choose, [he] may file a demurrer to evidence without leave of court subject to the limitation and consequence provided in Section 23, Rule 119 of the Rules on Criminal Procedure," the resolution reads.
Seating at the High Court in Nanyuki Justice Mary Kasango said Sammy Ndung'u had not obtained a leave of court to present a report on his observations, while putting additional seals on 531 ballot boxes.
The petitioner failed to obtain a leave of court and to allow its inclusion at this juncture would be prejudicial to the respondents.
When a plaintiff amends its complaint with leave of court, must a defendant also seek leave before asserting new or amended counterclaims in its answer?
Consequently, while the rule dictates that a plaintiff must normally obtain leave of court to amend its complaint and outlines the time in which the defendant's response must be filed, it does not say whether the defendant must obtain leave of court when asserting new or amended counterclaims to the plaintiff's amended complaint.
Summary: When a plaintiff amends its complaint with leave of court, must a defendant also seek leave before asserting new or amended counterclaims in its answer?
Digital Broadcast Corporation, a low cost/high quality provider of digital wireless television programming under the trade name AirCable America, announced today that it has been granted leave of court to amend its complaint to allege $200 million in damages against Miami-based securities firm, Ladenburg Thalmann & Co.
But Rivera told Judge Elmo Alameda of the Makati Regional Trial Court's Branch 150 that he was not ready to present witnesses as he was still waiting for the judge's ruling on his July 11 motion for leave of court to file a demurrer to evidence on grounds that the evidence presented by the prosecution was not sufficient to convict Napoles of serious illegal detention.
In submitting its amicus brief, the ACLJ filed a motion for leave of court with the appeals court - a motion that is necessary to have its brief considered in the case.