ABATEMENT OF ACTION Meaning and
Definition
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Abatement of action refers to the legal process of terminating or suspending a lawsuit or legal action. When an abatement of action occurs, the court order either halts the proceedings temporarily or permanently dismisses the case. This can occur for various reasons, typically based on the request or motion of one of the parties involved in the lawsuit.
Temporary abatement of action may occur when there are exceptional circumstances that necessitate the pause of the legal proceedings. For example, if a key individual involved in the case becomes incapacitated or deceased, the court may grant a temporary abatement to allow the parties to address the situation or find a replacement.
Permanent abatement of action, on the other hand, happens when the lawsuit can no longer proceed due to certain reasons. This could include the death of a party or the dissolution of a corporation named in the lawsuit. In such cases, the court permanently dismisses the action as it becomes impossible or impractical to continue.
The concept of abatement of action ensures that lawsuits can be discontinued or temporarily halted when appropriate, allowing parties to address significant developments or changes in the case. It provides a means for the court to suspend or end legal proceedings when situations arise that make it unfeasible to continue with the lawsuit.
