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jammy23 · May 9, 2014, 08:32 AM

A friend is suing a hospital and the case has been constantly delayed for seven years beause she wants to go to court. For the first time I saw the term
"restored" on case site... I was just wondering what it means. Will she
Finally go to trial... they just posponed her case until June.

Prev I asked if it was legal to keep posponing case year after year and I was
Told yes it is. The lawyer would have to have the judge change that, but that
Hasn't happened. Sad. Esp in her case where she's living on the edge
Because of what was done to her.

smoothy · May 9, 2014, 09:39 AM

There is still lots of time to postpone it again... if they did it this long... I see no reason to believe they won't do it again.

Her lawyer would have to present a legitimate argument contesting the postponement... but they would know that already and apparently weren't able.

jammy23 · May 9, 2014, 03:24 PM

Originally Posted by smoothy

There is still lots of time to postpone it again... if they did it this long... I see no reason to believe they won't do it again.

Her lawyer would have to present a legitimate argument contesting the postponement... but they would know that already and apparently weren't able.

But what does the term "restored" mean?

J_9 · May 9, 2014, 03:29 PM

What was the context in which the term was used? Can you give us the sentence?

I assume you are referring to this thread.

https://www.askmehelpdesk.com/other-...rs-786259.html

AK lawyer · May 9, 2014, 04:36 PM

Originally Posted by jammy23

But what does the term "restored" mean?

Hard to say. Depends on local practice, wherever you are. Sometimes, in some places, lawsuits are administratively made inactive (or whatever they want to call it there) because they perhaps figure that all parties want time to work things out, negotiate, or whatever. I'm guessing that perhaps this means that the court will make the case active again.

smearcase · May 9, 2014, 04:43 PM

This is the only place I can find the word restored, used in discussion of a lawsuit.
"...and the lawsuit against Schultz is going forward after an appeals court reversed a judge's dismissal. "
From an article with a headline saying :
"Lawsuit Against Ed Schultz Restored by Appeals Court"

Did your friend appeal the case after it was dismissed at a lower level, maybe?

But, to be certain what the term means in her case, she, of course, needs to ask her attorney.

AK lawyer · May 9, 2014, 05:40 PM

Smearcase, that's not a use of the word in "lawyer talk". It's what some journalist came up with to describe reversal of dismissal in lay-persons' terms.

smearcase · May 9, 2014, 08:14 PM

That may be true or it is also possible that the reporter repeated what he/she heard in court or read in court documents.
The OP was given the context of how the word was used and advised to have the question presented to the attorney.

smearcase · May 9, 2014, 08:35 PM

From: Law Libraries - N.Y. State Courts

"restore/reinstate to calendar: reinstate the action to active inventory"

You were on the right track, AK.

Fr_Chuck · May 10, 2014, 01:15 AM

The issue is not the term. Terms vary greatly by state. Sometimes by court, within a state.

The real issue here is that the case will be postponed and postponed as much as possible, they do this, to try and make the person reach a settlement,

jammy23 · May 10, 2014, 05:53 AM

Originally Posted by smearcase

This is the only place I can find the word restored, used in discussion of a lawsuit.
"...and the lawsuit against Schultz is going forward after an appeals court reversed a judge’s dismissal. "
From an article with a headline saying :
"Lawsuit Against Ed Schultz Restored by Appeals Court"

Did your friend appeal the case after it was dismissed at a lower level, maybe?

But, to be certain what the term means in her case, she, of course, needs to ask her attorney.

New York State Unified Court System is one you can get online and check out the case you're interested in. That's where the term appeared.