What does ‘disposed’ mean in the legal sense
The term "disposed" in the legal context has a general meaning of settling, disposing of, and getting rid of. In court cases and legal documents, the term has been used in a variety of ways. Some of those uses are in the following ways:
"In a subsequent decision, the majority concluded that the constitutional right to due process requires State courts, when removing a child from his or her home, to dispose of the case within 12 months." See In the Interest of GH, U-S-C-R-S-2005-42-3 (2005).
"While heaping praise upon plaintiff, the Court was careful to note that he is not "misleading the Court to dispose of the case on a far broader ground. The Court will resolve the matter on the ground raised by the plaintiff in the first instance." See Office Depot Inc. v. Dattani (Civil No. 05-1784, September 13, 2007).
"Whereupon, Foreclosure Judgment and Order of Sale was rendered, ordered and adjudged in favor of Plaintiff and against Defendants disposing of Plaintiff’s Complaint herein." See Kalmenson v. Fifth Third Bank, 2008 LEXIS 2051.
This term can be defined within a contract as well. For example: "For a period of two (2) years following any Disposition, Distribution or Assignment of the Assets, (other than to companies which are affiliated with the Seller), the Buyer shall promptly, but not later than sixty (60) days after a Disposition, Distribution or Assignment of the Assets, furnish a statement to the Seller describing in reasonable detail the Distribution, Disposition or Assignment of Assets that was effected during the preceding period . " See Continuation Agreement Between 3M and RB&G Contracting Corporation.
Within the following examples, the term "disposed" is used to describe a final decision on an option in the legal sense rather than a settlement or getting rid of something in the more general sense. "If I had disposed of the Petitions that you [plaintiff] filed upon my return to Philadelphia on June 8, 2006, the outcome would have been exactly the same as it was four years later. In other words, Mr. Bloshinsky is simply not believable, no matter whether the Court decided the issue on June 8, 2006, or decided it now." See 3 Courier International A/S v. Barrett Mfg. Group, 2009 Mass. Super. LEXIS 238.
"The Court also stated that, if the outcome of this case "was dispositive of the remainders in the two trusts . . . . the Court could not have so ruled because three separate trusts are involved, and the remaining trust divisions for which distinct beneficiaries were established have not been with us long enough to be dispositively de facto." See Keller v. Comm’r, 121 T.C. at 117 (quoting S. Realties, 513 F.2d at 1144). See also McDaniel v. Comm’r, 108 T.C. 84, 88 (1997), aff’d, 108 F.3d 489 (7th Cir. 1997).
Types of dispositions in legal settings
Clearly, "disposed" can mean different things in legal proceedings. There can be a final disposition, a partial disposition or a procedural disposition.
A final disposition would end the case with regard to that particular matter, such as the dismissal of a complaint. In that instance, the case will not be reopened unless a motion to vacate is filed and granted; or a new complaint is filed; or an answer with counterclaims is filed.
A partial disposition would mean that the matter is disposed of with regard to one aspect, but not closed out entirely. It would be like a divorce in which the property was adjudicated but any custody issues will need to be addressed in the future. Or a case in which a complaint to quiet title is granted, but the court retains jurisdiction over any damage issues that may arise in the future.
A procedural disposition means that the matter has been disposed of in some way, but not necessarily in a manner that is final or even that substantial. For example, the court may grant a motion to substitute attorney. The matter is, nevertheless, disposed of because it cannot proceed unless a substitution is made.
How does a disposition impact the case status
Cases progress through the legal system based on their status. Knowing the status of a case is important for the plaintiff, who wants to know how long they have to wait until a successful resolution; and the defendant, who wants to know the earliest date when they can close their files. Very few cases settle or go to trial prior to disposition; most are settled during the pleadings stage or after some discovery takes place.
Settlement negotiations commence immediately after the complaint is filed. These negotiations are designed to resolve the claims without a lawsuit: with an agreement between the parties. Once a lawsuit is filed, settlement takes on a different form, a formal back and forth between the parties. Usually, a plaintiff files suit only after settlement negotiations have reached an impasse. At that point, the plaintiff adds the cost of filing suit to the expected cost of settlement. Thereafter, costs rise as the case progresses through the system up to disposition.
The timeline of a disposition is related to three factors, the court’s calendar, the parties’ litigation strategy, and the judge’s responsiveness. In the U.S. District Court, pending civil cases average between 10 and 18 months from the date the complaint is filed to the entry of judgment. The length of time accrued in the U.S. District Court does not include the time it takes to litigate a case at the U.S. Court of Appeals after the entry of judgment.
Whether a case moves slowly or more quickly through the system is up to the parties. A well-prepared case should move more swiftly than one that is poorly prepared. A party who files every motion possible or has a dispute on every discovery request is likely to take longer before obtaining disposition. A party who takes a measured and judicious approach to litigation will move more efficiently; co-owner counsel is key.
The response time of a judge for a motion is a significant factor impacting the length of time from commencement of the case to disposition. Some judges are notoriously slow to respond. The quicker and more responsive the judge, the quicker a case progresses through the system. To some extent it is the luck of the draw when the case is assigned to a judge, but in federal court, you can obtain a reassignment from one judge to another for good cause shown. There is nothing that prevents one from seeking reassignment to a judge with a shorter response time, particularly on motions.
Common Mistakes: Disposed vs. Dismissed
When pursuing a legal issue, be it an accident or otherwise, a case can be dismissed or disposed. While the two words may sound similar, their meanings are vastly different in legal lingo. When a case has been dismissed, it means that the court has rejected the case entirely. This leaves the right to file an appeal to the filing party, meaning the case will not go forward unless the action is picked up again by one party or the other. On the other hand, when a case is disposed, it does not necessarily suggest that the case is over and done with. Instead, disposed cases have reached a termination conclusion, such as abandonment by the filing party, non-suit, nonsuit or default. Filing a motion to dismiss can put an abrupt end to a legal matter, at least for the time being. The best way to know the difference between a dismissed case and a disposed case is to examine the circumstances of how the case reached that point, whether it was voluntarily by one party unilaterally, or by decision from the court.
How a case is disposed
The law lists various ways that a case can be "disposed" of from some sort of decision or action that clears it off the docket. As a practical matter, however, the majority of cases are disposed of in two ways. The cases are either dismissed or adjudicated by a judge or jury. There are a variety of motions and procedures that can occur during this time frame, but at some point the case is either over or is going to the next level in litigation, which usually includes depositions, expert witnesses, pre-trial motions and, ultimately, trial.
Cases are typically "disposed" of in one of three ways: by default, by settlement or by trial.
Default
When a defendant fails to respond to a lawsuit within the 30 day window (or within the time frame noted in the court summons), the plaintiff can file for a default judgment. It is the defendant’s responsibility to make sure they are aware of any complaint before the court and that they respond in time.
Default judgments can also be made after a defendant fails to appear at a court date or fails to comply with a court order. It can be initiated by a party or the court. If a defendant fails to respond to a request for admissions, for example, the court can enter a default judgment against them. In essence, the case is decided by default in favor of the claimant.
There are many reasons why a court may grant a plaintiff a default judgment, but with that being said, judgments cannot be obtained in a default manner for a divorce case. While the court can be petitioned to enter a divorce judgment without hearing testimony, there is no case "disposition" without notification (in some form) and participation from both parties .
Settlement
The majority of all personal injury cases are resolved through settlement as opposed to litigation or trial. Even in cases that may seem straightforward, hundreds of thousands of dollars can be spent on litigation and trial preparation. Settlements are typically reached when the two parties (plaintiff and defendant) agree upon the terms for compensation, sign the settlement agreement and submit any preapproval requests for future medical treatment to the defendant’s insurance company. In other words, a lawsuit is not necessary even if a settlement is required.
This can be a good way for a plaintiff to obtain a favorable settlement for a claim, especially when litigation costs can average over $10,000 per case. The parties can avoid the costs associated with paying their attorney, court fees and the expense of preparing for a potential trial. This also keeps the case (and its outcome) out of the public record.
Once a case settles, however, the case is not "disposed" of by default. In other words, until the plaintiff puts the defendant on notice (through the filing of a complaint) the case is not officially "disposed" of in the eyes of the court. It is also worth mentioning that a case is not disposed of simply because it has been "settled."
Trial
If a case is not settled, the court, jury or other court official will adjudicate the matter through trial and judgment.
The court will render a judgment after the case is litigated, and the case will be disposed of based on the outcome. The court may dismiss the case, award money to the plaintiff or judge the case in favor of the defendant.
Understanding disposition codes in legal documentation
The phrase "the case is disposed" gets thrown around a lot in discussing criminal and civil cases. To a general audience, as with many legal concepts, the phrase is confusing. Disposed is a legal term. But what does it mean?
The American Heritage Dictionary defines dispose as "to arrange in a particular order, especially in final form." In legal contexts, this means the case is concluded in some fashion. A case can have several dispositions. The final disposition is the one we are most concerned with.
When looking at court dockets, or online court records (CaseSearch for District Court), a case may be annotated with a disposition code. This code in essence is telling you what happened in Court. For example, a case may appear as "Continued" which generally means the case has not been resolved and has been continued at least once.
Criminal Dispositions
Over time, courts across the State have created codes to denote dispositions in criminal cases. Certain dispositions, such as guilty pleas, are given particular abbreviations due to their frequency. The American Bar Association as provided a summary of some of the more common codes and their meanings. These codes are not official; rather, they represent the general usage over the years. If all jurisdictions reported with codes, it would be easy to make generalizations as to the meaning of a particular disposition. Unfortunately, jurisdictions codify, federal and state law as well as rules of procedure by statute and/or rule. That is why each jurisdiction has its own coding; none of the codes fit all jurisdictions.
Some examples of commonly used DC criminal disposition codes, and their meaning:
C – plea of guilty with probation before judgment. Also means the person was found guilty but did not receive a conviction on his or her record unless there is a subsequent violation of probation. DIS – a plea of guilty in the District Court (see below for usage). GUIL – plea of guilty in the District Court. N/G – not guilty finding, or involuntary dismissal of charge by the court. N/G LTR – not guilty finding; also involves involuntary dismissal of charge by the court. Following the not guilty finding, the defendant is found not criminally responsible. A letter is sent to the Secretary of the Department of Maryland State Police stating the charge has been dismissed. This means the individual may still possess firearms. N/G PWC – not guilty; court found defendant not criminally responsible. N/G PWC Conditional Discharge – not guilty; conditional discharge, set period of time in which no other charges should be brought by any state or local government against the defendant. VP – violation. This abbreviation is used in cases involving a prior offense on which a defendant had been previously sentenced. For example, an individual commits an additional offense while on probation; the first offense (the one for which the recipient got probation) is referred to as being a violation.
Implications of a disposition on one’s legal rights and liabilities
The act of disposition has the potential to substantially affect the legal rights and obligations of parties involved. Once a property is disposed of, under most circumstances, prior obligations may appear to be satisfied, at least by the debtors and obligors. However, affected parties may have post-disposition options for appeal or other legal actions.
From a creditor/debtor perspective, once a court-ordered disposition has occurred, the debtor may then claim that the property disposed of has satisfied the mortgage , judgment or lien owed by that particular debtor. This is especially true if the sale was by a foreclosure judgment and the creditor did not receive any surplus from the sale of the collateral. From a practical standpoint, the debtor will argue that her or she is now free and clear of the obligation(s) previously incurred.
The creditor may have avenues for appealing the disposition, especially if the sale price at which the property was disposed was substantially less than the amount owed on the loan or other obligation. Appraisals may assist in determining whether the sale price was adequate. The creditor may also pursue other remedies based upon alleged covenants and agreements with the debtor.