Under Advisement Law & Legal Definition


When a case is under advisement, the judge hearing the case is deliberating or thinking about his/her decision. A case can be under advisement during the time period between when the court has heard both parties' evidence on an issue or the entire case but before it gives its judgment on the matter.

Some jurisdictions set a time limit upon which a case may be under advisement. For example in Indiana, a judge may keep a case under advisement only for up to 90 days. If the judge fails to determine an issue of law or fact in that case within 90 days, one may apply for withdrawal of the submission of all the pending issues and the cause from the trial judge and apply for transferring it to the Supreme Court for the appointment of a special judge to determine the issue.

The Indiana Trial Rule 53.2 (Ind. R. Trial P. 53.2) states as follows: “Rule 53.2. Time for holding issue under advisement; delay of entering a judgment.

(A) Time limitation for holding matter under advisement Whenever a cause (including for this purpose a petition for post conviction relief) has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety (90) days, the submission of all the pending issues and the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge. (B) Exceptions The time limitation for holding an issue under advisement established under Section (A) of this rule shall not apply where: (1) The parties who have appeared or their counsel stipulate or agree on record that the time limitation for decision set forth in this rule shall not apply; (2) The time limitation for decision has been extended by the Supreme Court pursuant to Trial Rule 53.1(D). (C) Time of decision The time at which a court is deemed to have decided shall be as set forth in Trial Rule 53.1(C). (D) Extension of time for decision The procedure for extending thetime limitation for decision shall be as set forth in Trial Rule 53.1(D). (E) Procedure for withdrawing submission The procedure for withdrawing submission and processing the appointment of a special judge shall be as set forth in Trial Rule 53.1(E). (F) Report to Supreme Court Whenever a special judge is appointed pursuant to this rule, the judge from whom submission has been withdrawn shall file a report with the Supreme Court as provided for in Trial Rule 53.1(F).”