Legal Definitions - amittere curiam

amittere curiam is a historical legal term that, translated from Law Latin, means "to lose the privilege of attending court." It refers to a situation where an individual, through their actions or omissions, forfeited their right or ability to be present in court, participate in legal proceedings, or even enter the court's premises for legal purposes.

This concept was typically invoked in historical legal systems when someone demonstrated severe misconduct, contempt for the court, or a persistent failure to adhere to judicial rules and procedures. The consequence was the loss of their standing or presence within the court's jurisdiction.

• Example 1: Misconduct by a Legal Professional

  Imagine a historical scenario where a barrister (a type of lawyer) repeatedly engaged in highly disrespectful behavior towards a judge, perhaps by openly challenging the court's authority with insolence or refusing to follow established decorum during a trial. The court, in response to such egregious conduct, might have declared that the barrister had incurred amittere curiam, thereby barring them from appearing in any future cases before that specific court or even within that judicial district for a defined period.

  This illustrates amittere curiam because the barrister loses the privilege of attending court and practicing their profession within that court's jurisdiction due to their professional misconduct.

• Example 2: A Litigant's Persistent Non-Compliance

  Consider a litigant (a party involved in a lawsuit) in an older legal system who, despite numerous warnings, consistently failed to appear for scheduled hearings, neglected to submit required legal documents on time, or repeatedly ignored the court's procedural deadlines without any justifiable reason. The court could have invoked amittere curiam against this individual, effectively preventing them from continuing to pursue their case or even from entering the court to represent themselves, which would often lead to a default judgment being entered against them.

  Here, the litigant loses the privilege of attending court and participating in their own legal matter due to their persistent failure to comply with judicial rules and orders.

• Example 3: Disruptive Behavior by a Spectator or Witness

  In a historical court setting, if a member of the public observing a trial, or even a witness, caused severe and repeated disruptions—such as shouting insults, physically interfering with proceedings, or attempting to intimidate participants—a judge might have ordered their immediate removal and permanently barred them from attending that particular court session or even from the courthouse premises entirely. This action would be an application of amittere curiam.

  This demonstrates amittere curiam as the individual forfeits their privilege to be present in court due to their disruptive behavior, which undermines the court's authority and the orderly administration of justice.