§ 6-105.Cases under advisement.
Article 1: Case Progression Standards · Last amended April 1, 2024 · Last verified July 22, 2026
Full Text of § 6-105
Amendment History
§ 6-105 adopted September 7, 2022; § 6-105 amended December 13, 2023, effective April 1, 2024.
Plain-English Summary
When a judge takes a matter “under advisement,” the clock starts running on Section 6-105’s reporting duty. By the fifth day of each month, every judge must file a report with the State Court Administrator listing any matter that has been under advisement for more than 90 days — including, for district judges, appeals from county court. For each such matter, the report identifies the case by title and number, describes the matter awaiting decision, states the date it went under advisement, and explains why it remains undecided.
The rule pins down exactly when the advisement clock starts. A matter is under advisement once all evidence is in, or once the legal issue has been argued if there is no evidence to receive. If the judge allows post-hearing briefing, the clock starts 30 days after the hearing regardless of how long the briefing schedule runs — so extending the time to file briefs does not, by itself, extend when a matter counts as “under advisement.” Two situations pause the clock entirely: a matter awaiting a presentence investigation report is not under advisement until that report arrives, and cases with an outstanding bench warrant are excluded from the report altogether.
Section 6-105 also standardizes the paperwork: the report must use the form set out in Appendix 1, transmitted electronically to the email address specified there.
Frequently Asked Questions
When does a case become “under advisement” for purposes of this reporting rule?
On the date all evidence has been received, or, if there is no evidence, the date the legal issue was heard. If post-hearing briefing is allowed, the matter is deemed under advisement 30 days after the hearing date.
How often must judges report matters under advisement?
No later than the 5th day of each month.
What threshold triggers a reporting obligation?
Any matter that has been under advisement for more than 90 days.
Does a longer briefing schedule delay when a matter counts as under advisement?
No. The rule states that time for filing briefs does not otherwise affect the date the matter is taken under advisement, which is fixed at 30 days after the hearing when briefing is allowed.
Are cases with a pending presentence investigation report included in the report?
Not until the presentence investigation report is received by the court — the matter is not under advisement before then.
Do cases with an outstanding bench warrant appear on this report?
No. The rule directs that such cases not be included.
What form is used for this report, and how is it submitted?
The Report of Cases Under Advisement, in the form prescribed by Appendix 1, transmitted electronically to the email address specified there.