On 30 Mar 2014, micky <
mis...@bigfoot.com> said in substance and
asked:
> [ A Maryland court's web page referred to an apparently
> almost 20 years old child support case in which there
> were] hearings or whatever for 3 years, then I think it
> was closed statistically, followed by a hiatus for 6 years,
> a little more activity over 2 years, and then closed statistically
> again.
>
> Case closed statistically?? . . . . I didn't understand . . . .
Procedural rules applicable to some kinds of judicial proceedings are
such that they terminate finally at some definable point. Call it
permanently terminated (closed) Case1. For the most part, so with
only rare exceptions, litigation between the same parties or their
privities about the same or basically the same subject matter
therefore would require a new/plenary law suit of some kind, i..e.,
separate Case2. HENCE: for record keeping purposes, two separate
judicial proceedings.
Procedural rules applicable to other kinds of judicial proceedings,
e.g., those relating to child support, allow for the reopening for
some purposes of what earlier may have seemed to have been a concluded
case. Call it: (seemingly concluded) Case1. Further proceedings in
what nominally is the same case in this second grouping (class) of
proceedings therefore may have the effect of being a new case even if
the same case in name. Or as the case(s) may be from time to time,
more than one case. FUNCTIONALLY: Case(s) 2 . . . # while in name
still Case1.
And, obviously, the docket of the case(s) to which you refer indicate
that, functionally, it was (were) several different proceedings years
apart even if all under the same case name.
> Do they just run statistics on cases like this and figure out
> the odds the case will do any good and close the ones that
> are unlikely to? :-)
No. }-) The word "statistically" refers to an exercise of, among
other things, analyzing likes that are members of some definable
numerical set compared with other more or less comparable likes that
are members of the same or of a comparable numerical set. ;-,
Further, even in the first grouping of judicial proceedings to which I
generally refer, defining certain kinds of dispositions (e.g., the
grant of a motion for summary judgment) as warranting the
"[statistically] closed" label may be appropriate for the below
summarized purposes. And so generally speaking:
To help evaluate judicial performance (e.g., How many cases did you
close today, Hey, Hey, Hey?!?) and analyze and help legislators and
court administrators and the public determine the allocation of
financial and other resources to the courts, it obviously can make
sense to refer to a proceeding as closed (for statistical purposes)
even if in name because of the nature of the case not necessarily
closed (terminated) for all purposes.
And surely this must have occurred to you? ;-P