Leave of court

What leave of court means

In short, leave of court is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where leave of court comes up

For example, the term appears in these procedures:

• Motion for Leave to Amend a Pleading (Fed. R. Civ. P. 15(a)): a request for permission to change a pleading when amendment is no longer allowed as a matter of course.

How to research the term

To research leave of court, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Amendment: a change to a pleading after it has been filed.
• Judicial foreclosure: foreclosure carried out through a lawsuit and a court judgment before the property is sold.
• Jurisdiction: a court's power to hear a case and make binding decisions.
• Legal tender: money that the law requires creditors to accept for debts. Under 31 U.S.C. § 5103, U.S. coins and currency, including Federal Reserve notes, are legal tender.
• Lien: a legal claim against property as security for a debt.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.