According to law, what is the definition of "open litigation"?

Business 3 views 2 answers
If a case is closed and lawsuit over but the court retains jurisdiction until final order is carried out is that considered "open litigation"? Thanks

Attorney Answers

2
Robert Stempler ·
The phrase "open litigation" usually means a case that is not dismissed, but I would need to know more of the context to determine whether I would include a case that has been dismissed, with payments still unpaid to resolve the case. If in doubt, include it and explain the status. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com
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Pamela KoslynBusiness AttorneyLos Angeles, CA ·
Generally, parties don't dismiss cases, and ask the court to retain jurisdiction to enforce anything that needs enforcement, as long as the executory things to be done aren't completely done. The judge keeps the case "pending" but it stays inactive, so it's technically still "open" but that word isn't used. The judge often schedules a hearing called an OSC re: Dismissal a month after e.g., the last of many installment payments is due, and if the payments all get made, the plaintiff makes sure to file the Request for Dismissal before that OSC date.
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