The scheduling of authorized proceedings, together with marital dissolution instances, is topic to modification. Continuances, or postponements, are granted on the discretion of the presiding decide. Quite a few elements can affect the allowance of a continuance, resembling witness availability, proof procurement, or emergent private circumstances impacting a litigant. For example, a celebration’s sudden sickness, stopping their capacity to take part meaningfully in courtroom, might warrant a delay.
Judicial effectivity and the equitable administration of justice necessitate a steadiness between accommodating legit wants for delay and stopping undue prolongation of authorized disputes. Unreasonable or extreme delays can enhance prices, trigger emotional misery, and hinder the well timed decision of authorized issues. Traditionally, courts have strived to handle their dockets successfully, balancing particular person wants with the broader public curiosity within the immediate decision of instances. This steadiness displays a core precept throughout the authorized system.
Understanding the elements influencing postponement requests, the constraints positioned on such requests by procedural guidelines, and the implications of repeated delays requires examination of particular authorized precedents and jurisdictional pointers. The next sections delve into the particular features figuring out the permissible frequency of continuances in divorce proceedings.
1. Judicial Discretion
Judicial discretion serves because the cornerstone in figuring out the variety of permissible postponements in a divorce case. The presiding decide evaluates every request for a continuance based mostly on the particular information introduced and the relevant authorized requirements. There is no such thing as a mounted numerical restrict dictated by statute relating to what number of instances a case may be delayed. Somewhat, the courtroom assesses whether or not granting the postponement aligns with the pursuits of justice, contemplating elements resembling the rationale for the delay, its potential influence on the opposing celebration, and the courtroom’s personal administrative effectivity. For instance, if a celebration demonstrates a crucial and unexpected medical emergency requiring their quick consideration, a decide might train discretion to grant a postponement, even when earlier continuances had been allowed. Nonetheless, repetitively looking for delays based mostly on frivolous or unsubstantiated claims can result in the denial of the movement and potential sanctions.
The train of judicial discretion shouldn’t be arbitrary; it should be grounded in reasoned judgment and supported by the file. Authorized precedent and established courtroom guidelines present the framework inside which the decide operates. The courtroom should weigh the transferring celebration’s want for a continuance in opposition to the opposite celebration’s proper to a well timed decision of the case. A sample of delay techniques, even when seemingly justified individually, might in the end undermine the equity and integrity of the authorized course of, main the courtroom to disclaim subsequent requests. Furthermore, demonstrating prejudice suffered by the opposing celebration as a consequence of earlier delays strengthens the argument in opposition to granting additional postponements. The precise circumstances of every case considerably affect the decide’s resolution.
In abstract, judicial discretion is the crucial issue influencing the frequency of postponements in divorce proceedings. It operates inside a framework of authorized ideas and procedural guidelines, requiring the courtroom to steadiness the pursuits of all events concerned and the environment friendly administration of justice. Understanding the scope and limitations of judicial discretion is crucial for navigating the complexities of divorce litigation and managing expectations relating to the timeline for decision. Unjustified and repetitive continuance requests are virtually sure to be disallowed.
2. Official Justification
The variety of instances a divorce continuing may be postponed is intrinsically linked to the presence and validity of legit justification. A request for a continuance, no matter how few prior requests have been made, will doubtless be denied absent a compelling and demonstrable purpose. Official justifications usually come up from unexpected circumstances that immediately impede a celebration’s capacity to meaningfully take part within the proceedings. These would possibly embrace a sudden and debilitating sickness requiring hospitalization, the sudden unavailability of a vital witness as a consequence of a conflicting courtroom look or emergency, or the invention of beforehand unknown proof necessitating additional investigation and preparation.
The influence of legit justification on postponement choices is substantial. For instance, if a celebration’s authorized illustration unexpectedly withdraws shortly earlier than trial, leaving the celebration with out counsel, a courtroom would doubtless grant a continuance to permit adequate time to safe new illustration. Conversely, a request based mostly on imprecise assertions of needing “extra time to arrange” with out specifying the exact causes or steps being taken is unlikely to achieve success. The burden rests with the requesting celebration to articulate the need of the delay and to exhibit that the justification shouldn’t be merely a tactic to lengthen the proceedings. Courts additionally think about whether or not the celebration looking for the continuance acted diligently in trying to mitigate the necessity for a delay.
In conclusion, the existence of legit justification is a crucial determinant within the permissible variety of postponements. Whereas no absolute numerical restrict exists, the energy and verifiability of the explanations introduced considerably affect the courtroom’s resolution. Understanding the particular standards thought-about by the courtroom when evaluating a continuance request based mostly on legit justification is crucial for navigating divorce proceedings successfully and guaranteeing a good and simply decision. The absence of legitimate justification considerably decreases the likelihood of acquiring any continuances, regardless of prior proceedings.
3. Cheap Timeframes
The idea of “affordable timeframes” exerts a major affect on the frequency of postponements granted in divorce proceedings. Whereas judicial discretion and bonafide justification are paramount, the period of any requested delay is equally scrutinized. Courts are aware of the potential for protracted litigation to extend prices, exacerbate emotional misery, and impede the environment friendly administration of justice. Due to this fact, the requested timeframe for a continuance should be demonstrably affordable in relation to the said justification.
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Necessity and Proportionality
A requested delay should be proportionate to the circumstances necessitating the postponement. A brief delay could also be deemed affordable to permit for the restoration from a short sickness, whereas a request for a number of months to handle a non-emergent difficulty could also be considered as extreme. The courtroom will assess whether or not the proposed timeframe is really essential to handle the said difficulty and whether or not much less disruptive alternate options exist.
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Impression on Courtroom Schedule
Continuance requests are evaluated within the context of the courtroom’s current schedule. A proposed delay that considerably disrupts the courtroom’s docket, particularly if it includes rescheduling a number of hearings or trials, is much less more likely to be granted. Courts prioritize environment friendly case administration and attempt to reduce disruptions attributable to postponements. Timeframes that exhibit consideration for the courtroom’s calendar are extra favorably obtained.
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Diligence and Mitigation
Events looking for postponements are anticipated to exhibit diligence in mitigating the necessity for delay and minimizing its period. For example, if a continuance is requested as a result of unavailability of a witness, the requesting celebration ought to exhibit efforts to safe various testimony or discover various strategies of proof presentation. Timeframes reflecting proactive efforts to expedite the proceedings are considered extra favorably.
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Prejudice to Opposing Celebration
The potential prejudice to the opposing celebration is a crucial consideration. A prolonged delay might considerably drawback the opposing celebration, significantly if it hinders their capacity to entry assets, safe witnesses, or in any other case put together their case. Timeframes that reduce potential prejudice and tackle issues raised by the opposing celebration usually tend to be deemed affordable.
In abstract, the reasonableness of the requested timeframe is an important issue influencing the frequency of allowable postponements. Courts steadiness the necessity for a delay with the potential for disruption, prejudice, and inefficiency. Requests that exhibit necessity, proportionality, diligence, and consideration for all events concerned usually tend to be granted, in the end affecting the overall variety of permissible continuances in a divorce continuing. Extreme or unjustified timeframes will virtually definitely result in denial of a continuance request, regardless of different elements.
4. Opposing Celebration Impression
The potential ramifications for the opposing celebration characterize a central consideration in figuring out the permissibility of postponements in divorce proceedings. Courts rigorously weigh the extent to which a delay might prejudice the opposing celebration’s capacity to successfully litigate their case or receive a good and well timed decision. The higher the potential for demonstrable hurt, the much less doubtless the courtroom is to grant a continuance, thereby immediately impacting the overall allowable variety of postponements.
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Monetary Pressure
Repeated delays can considerably enhance authorized prices, imposing a monetary burden on the opposing celebration. Professional witness charges, lawyer charges, and different litigation bills can escalate with every postponement. If the opposing celebration lacks the monetary assets to maintain protracted litigation, repeated delays might successfully pressure them into unfavorable settlement agreements. This imbalance of assets is a key issue thought-about by courts.
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Evidentiary Impairment
Delays can result in the loss or degradation of proof. Witnesses might develop into unavailable as a consequence of relocation, sickness, or reminiscence fade. Paperwork may be misplaced or destroyed. This impairment of proof can considerably prejudice the opposing celebration’s capacity to current their case successfully. Courts acknowledge this danger and are hesitant to grant postponements that enhance the chance of evidentiary impairment.
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Emotional Misery
Divorce proceedings are inherently emotionally taxing. Extended litigation can exacerbate emotional misery, creating anxiousness, uncertainty, and psychological hurt for the opposing celebration. Courts are delicate to the emotional influence of delays, significantly when kids are concerned. Repeated postponements may be considered as a type of emotional manipulation or abuse, weighing in opposition to the granting of additional continuances.
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Strategic Drawback
Continuances can be utilized strategically to achieve a bonus in litigation. Delays might enable a celebration to deplete marital belongings, conceal monetary info, or in any other case undermine the opposing celebration’s place. Courts are vigilant in stopping such strategic manipulation and can deny postponements that look like motivated by an intent to achieve an unfair benefit.
In conclusion, the potential influence on the opposing celebration is a decisive think about figuring out the frequency of permissible postponements in divorce instances. Courts attempt to steadiness the requesting celebration’s want for a delay with the opposing celebration’s proper to a good and well timed decision, significantly in gentle of monetary implications, evidentiary issues, emotional pressure, and strategic manipulation. Demonstrable prejudice to the opposing celebration considerably reduces the chance of acquiring additional postponements, emphasizing the significance of contemplating the broader implications of any requested delay.
5. Courtroom’s Docket
The courtroom’s docket, representing its calendar of scheduled instances and hearings, exerts a direct affect on the frequency with which a divorce continuing may be postponed. A congested docket, characterised by a excessive quantity of instances and restricted out there courtroom time, inherently restricts the courtroom’s capacity to accommodate continuance requests. The allocation of judicial assets is a finite constraint, and every postponement doubtlessly disrupts the scheduling of different instances awaiting decision. The courtroom should steadiness the person wants of litigants with the general effectivity of the judicial system. For instance, a courtroom going through a backlog of instances could also be much less inclined to grant a continuance in a divorce continuing, even when a seemingly justifiable purpose is introduced, if doing so would additional delay the decision of different pending issues. The provision of courtroom area, judicial personnel, and assist workers all contribute to the capability of the docket and, consequently, the tolerance for postponements.
The influence of the courtroom’s docket is additional amplified by procedural guidelines and native courtroom practices. Many jurisdictions impose strict deadlines for varied phases of litigation, together with discovery, movement observe, and trial preparation. Continuances can jeopardize compliance with these deadlines, doubtlessly resulting in sanctions or hostile rulings. Furthermore, some courts have particular insurance policies relating to the variety of continuances allowed in a selected kind of case, usually reflecting an effort to handle caseloads and expedite case decision. For example, a courtroom might set up a rule limiting every celebration to a single continuance absent extraordinary circumstances. Litigants should concentrate on these native guidelines and practices when looking for a postponement. Failure to account for the courtroom’s docket and procedural constraints can considerably diminish the chance of acquiring a continuance, whatever the deserves of the underlying justification.
In abstract, the courtroom’s docket serves as a crucial limiting think about figuring out the permissible frequency of postponements in divorce proceedings. A congested docket reduces the courtroom’s flexibility to accommodate delays, rising the scrutiny utilized to continuance requests. Understanding the courtroom’s scheduling constraints, procedural guidelines, and native practices is crucial for successfully managing the litigation course of and mitigating the chance of denial. The general impact of this connection is to restrict the quantity of delays allowable in a divorce continuing, as it really works hand-in-hand with the legit justification necessities.
6. Procedural Guidelines
Procedural guidelines represent a basic framework governing the development of divorce proceedings and immediately affect the permissible frequency of postponements. These guidelines, usually codified in statutes, courtroom guidelines, and native practices, set up particular necessities for requesting continuances, together with the timing of motions, the type of supporting documentation, and the grounds upon which a postponement could also be granted. Non-compliance with these guidelines may end up in the denial of a continuance request, regardless of the underlying justification. For instance, a rule requiring that continuance motions be filed not less than ten days previous to a scheduled listening to, with an in depth affidavit explaining the explanations for the delay, should be strictly adhered to. Failure to fulfill these necessities supplies grounds for automated denial, thereby limiting the variety of potential postponements.
The influence of procedural guidelines extends past mere compliance with technical necessities. These guidelines usually mirror underlying coverage concerns aimed toward selling effectivity, equity, and predictability within the authorized course of. Guidelines limiting the variety of continuances, or imposing stricter requirements for granting subsequent requests, serve to stop undue delays and guarantee well timed decision of disputes. Moreover, procedural guidelines usually incorporate provisions designed to guard the opposing celebration from prejudice attributable to postponements. For example, a rule might require the requesting celebration to exhibit that the delay is not going to considerably hurt the opposing celebration’s capacity to current their case or receive a good consequence. The sensible utility is seen the place a divorce trial, initially scheduled six months prior, had already been postponed twice as a result of petitioner’s failure to adequately disclose monetary info. When a 3rd continuance was sought, the courtroom, referencing procedural guidelines emphasizing immediate discovery and the potential for prejudice to the respondent, denied the request and proceeded with the trial based mostly on out there proof.
In abstract, procedural guidelines perform as a key determinant in regulating the variety of postponements permissible in a divorce case. Their affect extends past mere technical compliance, reflecting underlying coverage concerns and safeguarding in opposition to potential prejudice. Understanding and adhering to those guidelines is crucial for navigating the complexities of divorce litigation and maximizing the chance of acquiring essential postponements whereas minimizing the chance of denial. Disregarding these procedural requirements usually results in fewer alternatives for delays, thereby expediting the divorce proceedings, whether or not desired or not.
7. Proof Presentation
The way through which proof is introduced exerts a discernible affect on the frequency of postponements granted in divorce proceedings. A transparent, organized, and compelling presentation of proof tends to decrease the necessity for continuances, whereas deficiencies in proof presentation can usually result in requests for delays. For example, if a celebration introduces advanced monetary data with out satisfactory rationalization or professional testimony, the opposing celebration might legitimately request a postponement to investigate the newly introduced info. Conversely, if proof is introduced in an easy method, simply understood by the courtroom and the opposing celebration, the chance of a profitable continuance request decreases. The courtroom assesses not solely the relevance and admissibility of proof but in addition the readability and effectivity with which it’s introduced, impacting the trajectory of the case and the necessity for delays.
The importance of proof presentation turns into significantly acute when addressing crucial points resembling asset valuation, youngster custody preparations, or spousal assist determinations. If a celebration fails to adequately doc the worth of marital belongings, or if witness testimony relating to parental health is ambiguous or contradictory, the courtroom might grant a continuance to permit for additional investigation or clarification. Furthermore, procedural guidelines usually dictate particular necessities for the presentation of sure kinds of proof, resembling professional studies or enterprise data. Non-compliance with these guidelines may end up in the exclusion of proof or, alternatively, in a postponement to permit for correction of the deficiencies. Delays could also be warranted to allow an professional witness to additional make clear or refine their findings based mostly on challenges raised throughout cross-examination. The competence demonstrated in proof presentation thus capabilities as a key determinant in mitigating the necessity for continuances and sustaining the momentum of the divorce continuing.
In abstract, proof presentation and the permissible variety of postponements are interconnected inside divorce litigation. Efficient and arranged presentation of proof minimizes the chance of delays, whereas deficiencies or complexities in proof presentation can necessitate continuances. Competent dealing with of proof, together with adherence to procedural guidelines and clear communication, immediately impacts the effectivity of the proceedings and the prospect of a well timed decision. A failure to current complete and comprehensible proof will undoubtedly give rise to requests for delays, immediately affecting the trajectory and timeline of the case. Properly-presented proof reduces these dangers and thereby assists in limiting the variety of postponements.
8. Good Religion
Good religion operates as a crucial underlying precept influencing the judicial evaluation of continuance requests in divorce proceedings. The sincerity and honesty of a celebration’s motives in looking for a postponement are carefully scrutinized, as a scarcity of excellent religion can considerably diminish the chance of acquiring a continuance, thereby limiting the overall variety of permissible delays.
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Sincere Intent and Disclosure
A celebration’s candor in disclosing the true causes for looking for a continuance is paramount. Deceptive the courtroom or concealing related info relating to the necessity for a delay demonstrates a scarcity of excellent religion. For example, if a celebration falsely claims sickness as the idea for a continuance, when the true purpose is insufficient preparation, the courtroom is more likely to deny the request and should impose sanctions for the misrepresentation. Sincere and clear communication fosters belief and will increase the chance of a positive ruling.
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Diligence and Timeliness
Good religion encompasses the demonstration of diligence in addressing the circumstances giving rise to the continuance request. A celebration ought to exhibit proactive efforts to mitigate the necessity for a delay and to reduce its period. For instance, if a celebration seeks a continuance as a result of unavailability of a witness, they need to exhibit efforts to subpoena the witness, discover various strategies of acquiring testimony, or think about various witnesses. Dilatory conduct or a scarcity of effort to resolve the problem may be interpreted as a scarcity of excellent religion.
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Undue Delay and Prejudice
A request for a continuance made in good religion mustn’t unduly delay the proceedings or trigger undue prejudice to the opposing celebration. The celebration looking for the delay should exhibit that the postponement is important and that it’ll not unfairly drawback the opposing celebration’s capacity to current their case or receive a good decision. Continuances sought primarily to harass, intimidate, or financially exhaust the opposing celebration are indicative of unhealthy religion and can doubtless be denied.
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Compliance with Courtroom Orders and Guidelines
Good religion contains adherence to all relevant courtroom orders and procedural guidelines. A celebration who persistently disregards courtroom orders or fails to adjust to procedural necessities demonstrates a scarcity of respect for the judicial course of, which may be construed as unhealthy religion. Such non-compliance can result in the denial of continuance requests and doubtlessly to different sanctions. For instance, if a celebration refuses to offer requested discovery paperwork in a well timed method, after which seeks a continuance to arrange for trial, the courtroom might fairly conclude that the continuance request is made in unhealthy religion.
The precept of excellent religion permeates all features of divorce litigation, and its presence or absence immediately influences the courtroom’s analysis of continuance requests. Demonstrating trustworthy intent, diligence, and a dedication to equity strengthens the chance of acquiring essential postponements, whereas a scarcity of excellent religion considerably diminishes that prospect. The courtroom’s evaluation of excellent religion acts as a vital gatekeeping mechanism, guaranteeing that continuances are granted solely when genuinely justified and never for improper functions, in the end impacting the frequency with which a divorce continuing may be postponed.
Ceaselessly Requested Questions
The next part addresses frequent inquiries relating to the frequency with which divorce proceedings may be delayed. These solutions present common info and shouldn’t be thought-about authorized recommendation. Session with a professional lawyer is really helpful for particular authorized steerage.
Query 1: Is there a particular restrict to the variety of divorce postponements permitted?
No statute establishes a definitive numerical restrict on postponements in divorce instances. The choice rests primarily with the presiding decide, who considers varied elements when evaluating every request.
Query 2: What elements affect a decide’s resolution relating to continuance requests?
A number of elements are thought-about, together with the legitimacy of the rationale for the delay, the potential influence on the opposing celebration, the courtroom’s current schedule, adherence to procedural guidelines, and the great religion of the requesting celebration.
Query 3: What constitutes a legit justification for a divorce postponement?
Official justifications usually contain unexpected circumstances that immediately impede a celebration’s capacity to take part meaningfully within the proceedings. Examples embrace a sudden sickness, the unavailability of a vital witness, or the invention of recent proof requiring additional investigation.
Query 4: How does the courtroom’s docket have an effect on postponement requests?
A congested courtroom docket reduces the courtroom’s flexibility to accommodate postponements. A request that will considerably disrupt the courtroom’s schedule is much less more likely to be granted.
Query 5: What if the opposing celebration objects to a postponement?
The courtroom considers the potential prejudice to the opposing celebration when evaluating a continuance request. A delay that will considerably hurt the opposing celebration’s capacity to current their case is much less more likely to be granted.
Query 6: Can repeated requests for postponements be detrimental?
Sure. Repeated requests for postponements, significantly these missing legit justification or demonstrating a scarcity of excellent religion, may be denied and should lead to sanctions in opposition to the delaying celebration.
Understanding the multifaceted elements influencing postponement choices in divorce proceedings is crucial for navigating the authorized course of successfully. Prudent preparation and adherence to procedural guidelines are key to minimizing the necessity for delays and guaranteeing a well timed decision.
The next part delves into potential penalties for events who’re discovered to be purposefully delaying divorce proceedings.
Navigating Divorce Proceedings
Understanding the elements influencing divorce postponements is essential for guaranteeing an environment friendly and well timed decision. The next ideas present steerage for navigating the authorized course of and minimizing the necessity for delays, thereby streamlining proceedings and decreasing general stress.
Tip 1: Thorough Preparation and Documentation
Collect all related monetary paperwork, property data, and different proof earlier than initiating the divorce proceedings. Organized documentation expedites the invention course of and reduces the chance of requests for extra info, thus minimizing potential delays.
Tip 2: Proactive Communication with Authorized Counsel
Preserve open and constant communication with authorized illustration. Promptly reply to requests for info and actively take part in technique improvement. This collaborative strategy minimizes misunderstandings and ensures that each one essential steps are taken in a well timed method.
Tip 3: Adherence to Procedural Guidelines and Deadlines
Familiarize your self with the relevant procedural guidelines and deadlines governing divorce proceedings within the related jurisdiction. Strict adherence to those necessities prevents pointless delays attributable to procedural errors or non-compliance. Notice all submitting deadlines on a calendar for straightforward reminder.
Tip 4: Real looking Expectations Concerning Timeline
Perceive that divorce proceedings may be advanced and should require time to resolve. Keep away from unrealistic expectations relating to the pace of decision. Getting ready emotionally for the long-haul will help in a steadier disposition.
Tip 5: Good-Religion Negotiation and Settlement Efforts
Have interaction in good-faith negotiation and settlement discussions with the opposing celebration. Exploring various dispute decision strategies, resembling mediation or arbitration, can usually result in faster and extra amicable resolutions than extended litigation. This could vastly reduce stress for all events concerned.
Tip 6: Immediate and Full Responses to Discovery Requests
Responding promptly and completely to all discovery requests from the opposing celebration demonstrates a dedication to transparency and cooperation. Full and correct responses reduce the necessity for additional clarification or disputes relating to discovery issues.
Tip 7: Strategic Witness Administration
Determine and put together potential witnesses strategically. Make sure that witnesses are available to testify when wanted and that their testimony is well-organized and related to the important thing points within the case. Reduce the necessity for continuances based mostly on the unavailability of witnesses.
By adhering to those ideas, events concerned in divorce proceedings can actively contribute to a extra environment friendly and fewer protracted decision. Minimizing delays advantages all events by decreasing prices, lessening emotional misery, and facilitating a smoother transition to post-divorce life.
The following phase presents potential repercussions for people discovered to be deliberately protracting divorce instances.
Concluding Remarks
The inquiry of what number of instances can a divorce be postponed lacks a definitive numerical reply. The frequency is decided by a confluence of things, every weighed in opposition to the backdrop of judicial discretion. Official justification, affordable timeframes, potential influence on the opposing celebration, the courtroom’s docket, adherence to procedural guidelines, efficient proof presentation, and the precept of excellent religion all coalesce to dictate the last word consequence. The absence of any single issue can considerably prohibit the variety of allowable delays.
Navigating divorce proceedings requires a radical understanding of those complexities. Diligence, transparency, and a dedication to procedural integrity are paramount. Events are effectively suggested to hunt competent authorized counsel to make sure their rights are protected and to facilitate a simply and well timed decision, recognizing that strategic manipulation and unwarranted delays in the end undermine the integrity of the authorized course of and should incur hostile penalties. Proactive engagement with authorized counsel will help information the divorce ahead somewhat than changing into mired in delays that usually serve neither celebration’s greatest curiosity.
