A Definition of “Disposed”
When you encounter the word "disposed" in the context of legal documents or court proceedings, it pertains to how a particular matter is settled in a legal context. To dispose of something is to remove it or eliminate it and this applies to matters before the court. The court may "dispose" of an issue in its entirety, meaning a judge will decide all aspects of the issue at hand so that nothing is left remaining to be addressed.
The following are examples of how the term "disposed" is used in various legal contexts:
"Trial court disposed of each of the causes of action and did not leave any ‘reviewable issues.’"
—California Court of Appeal, Second District, Division Three. Beach Port Capital, LLC v. Kahn, 2010.
"Following a hearing on whether the case should be disposed of summarily or set for trial, the district court rejected the State’s argument that there were genuine issues of material fact in the amended complaint."
—Nebraska Supreme Court. Givens v. Munn, 2005.
"Where a whole case is disposed of by a general verdict , it is immaterial whether the evidence was conflicting or not."
—Virginia Supreme Court. Sweeney v. Norman, 1922.
"While the court retained jurisdiction for only limited purposes after a case was disposed of by final order and judgment, the remand of employment discrimination claims provided the court with continuing jurisdiction over the entire case to make rulings necessary to manage appropriate resolution."
—New York Appellate Division, Second Department. Timmons v. Crosson, 2004.
"The Federal Arbitration Act ‘does not deprive a court of its power to address affirmative defenses to the enforceability of an arbitration clause; indeed, the Act itself expressly continues in force doctrines such as fraud, duress, or mistake, which generally hold contracts void or voidable.’ Although the issue of the fraud claim was properly disposed of on summary judgment, the district court’s failure to consider the related duress claim before compelling arbitration did not constitute reversible error."
—U.S. Court of Appeals, Eleventh Circuit. Koch Fuels, Inc. v. Diamond Sav. & Inv., Inc., 2007.
In Which Situations “Disposed” Is Used
Disposition of Cases: The term "disposed" is most often used in the context of a pending action to describe a final determination of the matter. In such a setting, the case is disposed when it is no longer subject to further appeal or other proceedings. In other words, once the judgment has been issued in the trial court and the time for any motions, appeals, or other proceedings has passed, the case is considered disposed.
Settlement Agreements: A signed settlement agreement effectively disposes of a matter as well. In such a case, the contemplated actions or payment terms under an agreement vest an entitlement or right in the non-breaching party. To the extent such rights are not fulfilled, the non-breaching party may seek the judicial enforcement of such rights.
How “Disposed” Differs From Related Terms
In law review articles, Cornell Law School’s Legal Information Institute notes that "a case is said to be disposed when a judgment has been entered" and the parties are not able to refile a case. "Rather, the parties must take an appeal from the judgment," thus proceeding through the appellate process.
A case that is closed, on the other hand, has simply had all proceedings in court ended, meaning that there’s no longer active litigation. The case could easily be reopened. Even if the case wasn’t disposed of at the same time it was closed, a case that was disposed of has also been closed. A disposed case can be closed without being disposed, but a closed case can’t have been disposed.
Ashford & Wriston, a law firm in Honolulu, Hawaii, writes in its blog that a dismissed case has generally failed to go through the judicial process of a case because of issues such as failure to state a legal claim, or failure to prosecute. At the same time, the plaintiff has the ability to refile its claims. A resolved case has generally gone through judicial process, but when the case has been resolved successfully by settlement between the parties.
Essentially, the key difference between a disposed case and a closed case is that a disposed case has essentially gone through the entire litigation process. A dismissed case has not gone through the entire judicial process, which could include anything from filing to trial, whereas the case could have been dismissed.
The Impact of “Disposed” on a Case
When a case is marked as "disposed," this status can have significant implications for the parties involved. In most cases, the "disposition date," or the date on which the case was ended, is the date upon which the judgment was entered against the defendant. A case that has been disposed of means that the defendant lost the case; in civil court, the party who loses is guilty until they appeal and prove otherwise. In criminal court, the person who pleads guilty, is found guilty, or is sentenced, has lost as well.
Even though the case has been disposed of, it does not mean the matter is over. Instead, it means that the matter is concluded in the lower court, but there are still options for appeal to a higher court within the legal system. After the trial court enters a judgment against the defendant, both parties generally have a limited time to appeal the matter to the appellate court and request review of the case . Although the window for appeal may be short depending on the state, there are most often ways to ask for extensions and leave to appeal.
If the defendant decides that disputing the ruling is not the right decision, the matter is still not "dead" in legal terms. After all is said and done, there is still the matter of collection from the losing party. Once a case is disposed of, the winning party can take actions to collect the settlement, such as obtaining a judgment against the party. This means that the court can order that money owed be taken out of wages via garnishment, accounts, checks, and any other assets such as tax returns that the losing party may have. Alternatively, the prevailing party may seek a lien against the properties of the other party as means of later collection on the case.
How “Disposed” is Recorded in Cases
When a case is disposed, this status is reflected in the court records and public legal databases. For example, if a criminal case is disposed, this disposition is recorded in public court documents, such as the arrest record, complaint, judgment, or settlement agreement. When cases are disposed, the fact that they are resolved is also reflected in any online public records databases maintained by the clerks of court, state departments of corrections, and/or the Federal Bureau of Prisons. Criminal cases that proceed to conviction result in police and court records reflecting disposition.
In many online databases, closed criminal and civil cases are marked as "gone" or "no longer on the system." When legal records indicate the case is gone, it is understood by legal professionals to mean that the case is disposed and no longer active. As alluded to above, individuals who conduct public and private background checks may see the terms "gone," "resolved," and "finalized" when viewing the individual’s legal history. If an arrest led to a criminal charge, it is logical that the case would be referenced as gone if charges were ultimately dropped, pled out to a lesser charge, or not pursued. Resolved and finalized represent a similar concept. The Litigation History Database, maintained for criminal cases only, as a rule aggregates and reflects a disposition date shortly after resolution. Thus, instead of an actual date, a notation may read "convicted," "dismissed," or noting discharge from parole, probation, or prison.
Although disposed, finalized, and resolved are often used as synonyms, their meaning may depend on legal context. For example, in the context of debt collection and other litigation, finalized refers to a case that has reached a final judgment or legal determination. Finalized cases are typically included on a credit report as this reflects the legal history of the consumer. Resolved likewise means that a case has ended. However, this may also refer to a case in which the accused received a diversionary sentence such as probation or substance abuse treatment in lieu of incarceration long before the case is finalized. Many final judgments do not reflect diversionary sentences and may not require the party to fulfill other conditions, such as completing a prescribed course of counseling or remaining at liberty under the supervision of a correctional official.
The fact that a case is disposed for present purposes is important primarily because it reflects whether a case ended without serious consequences for the defendant. In criminal cases, a disposed case with a disposition of "dropped," "non-plea," or "probation" is not a conviction. While all of such terms indicate the case is gone, they are still indicative of an action or resolution by the court.
Examples of “Disposed” in Cases
To illustrate the diversity of cases that can become disposed, let’s examine a few representative samples. In a criminal case, the defendant may waive a trial by jury, or consent to the entry of the finding of his guilt without a finding of guilt. In either event, the case is deemed disposed by the court and recorded as such. This factual situation is not unusual. In a civil case, the filing of a joint stipulation of dismissal signed by the parties disposes of the action. As related by cases interpreting the provisions of Rule 41(a)(1), such a filing constitutes a voluntary dismissal of the action (not just portions of it) by the plaintiff without any court approval. It is self-executing, and does not call for court assistance in closing the case. See, e.g., Barrington Cove Ltd. P’ship v. Vinci, 53 F.3d 324, 329 (1st Cir. 1995); Cato v. Hartford Life Ins. Co., 420 F.3d 713, 719 (7th Cir. 2005). Another civil case scenario is that set forth in Thomson v . Wooster, 114 U.S. 104, 5 S.Ct. 747, 29 L.Ed. 105 (1885), where the Supreme Court held that under the "general rule" a judgment of "nolle prosequi" would operate as a bar to a new criminal charge for the same offense, "but when the cause is dismissed from a court by nolle prosequi, this is but prima facie evidence that the plaintiff will not proceed further in the cause, and will not operate as an absolute bar to a subsequent indictment or information, with leave of the court before which the second prosecution is brought, and if leave be granted, the former dismissal is no bar." Filling in the missing context in this 135-year-old decision, a "nolle prosequi," or simply a "nol," is a statement made by a prosecutor of record indicating that he or she, for reasons of prosecutorial discretion, wishes not to proceed with the case. The "nolle prosequi" is entered on the court record by the trial court prior to trial or entry of a plea.