The old saying, “justice delayed is justice denied,” reflects the frustration litigants and lawyers feel when cases drag on. Long waits can weaken the value of a judicial determination. Yet, despite these drawbacks, delay often serves an important and strategic purpose in the legal system. In many instances, courts actually benefit from taking their time.
Early in my career, I worked on a complex case in a busy jurisdiction where judges typically issued rulings about six months after motions were fully submitted. It seemed as though a standard or deadline required them to rule within that timeframe, and judges consistently waited until the last moment to do so.
In one matter, two particularly complex motions were pending. The issues were difficult for the lawyers themselves to untangle, let alone the court staff. Months passed with no ruling. Eventually, the case settled before any decision was issued. Within hours of receiving the stipulation of discontinuance, the court denied both motions as moot. By holding off on a ruling, the court avoided the need to dedicate time and resources to disputes that ultimately became irrelevant.
Sometimes, courts intentionally delay rulings to encourage negotiation. For example, I have handled cases involving default judgments entered against clients who were unaware of lawsuits. While courts typically prefer to decide cases on their merits, vacating defaults can be fact-intensive and contested. Judges sometimes postpone their decisions, urging the parties to attempt settlement in the meantime.
This tactic can be highly effective. For the party facing a default, the risk of asset seizure motivates them to resolve the matter. For the party that obtained the default, settlement may guarantee some recovery rather than risking the judgment being vacated and starting over in uncertain litigation. On more than one occasion, I’ve seen matters resolve themselves during these delays, sparing the courts from further involvement.
In short, while delays can be frustrating, they can also serve as a valuable judicial tool. By waiting, courts can preserve resources and create opportunities for parties to resolve disputes on their own, leading to more efficient outcomes overall.