Legal Definitions - auxilium curiae

Auxilium curiae is a historical legal term referring to a court order that compelled an individual or entity to appear before the court. The purpose of this summons was to provide assistance or support to another party who was already involved in a legal proceeding. Essentially, it was the court's way of calling upon someone to help facilitate justice or provide necessary information in a case, even if that person was not a primary litigant.

Here are some examples to illustrate this concept:

• Property Boundary Dispute: Imagine two landowners are in a legal dispute over the exact boundary line between their properties. The court, finding itself in need of specialized knowledge to resolve the matter fairly, might issue an auxilium curiae order to a retired land surveyor who had previously surveyed the properties decades ago. This surveyor, though not a party to the current dispute, would be compelled to appear and provide their expert testimony, original survey maps, or insights to assist one of the parties (or the court directly) in accurately establishing the correct property line.

  This illustrates auxilium curiae because the surveyor is summoned by court order to provide crucial assistance and information to help resolve a legal issue for parties already before the court.

• Complex Estate Administration: Consider a situation where an executor is struggling to manage a deceased person's complex estate, which includes various businesses and intricate financial arrangements. The executor, a party to the estate proceedings, finds it difficult to locate all relevant documents or understand the deceased's business structures. The court, recognizing the need for specific expertise, could issue an auxilium curiae order to a former long-time business partner of the deceased. This partner would be compelled to appear and provide information, clarify business dealings, or grant access to relevant records, thereby assisting the executor in properly administering the estate.

  In this scenario, the business partner is summoned by court order to provide aid and critical information to the executor, who is a party already involved in the court's proceedings.