Legal Definitions - cesset executio

Cesset executio is a Latin legal term that refers to a court order temporarily postponing or stopping the enforcement of a judgment or another court order. Essentially, it means "let execution stay," preventing the immediate implementation of a court's decision, even though the decision itself remains valid. This pause is often granted to allow for further legal proceedings, such as an appeal, or to address specific circumstances that make immediate enforcement impractical or unjust.

Here are a few examples to illustrate how cesset executio might apply:

• Appeals Process: Imagine a small business, "InnovateTech," is found liable in a civil lawsuit for $2 million and ordered to pay damages to a competitor. InnovateTech believes the court made a significant legal error and decides to appeal the decision to a higher court. To prevent the competitor from immediately seizing InnovateTech's assets while the appeal is pending, InnovateTech's lawyers would likely request a cesset executio order. If granted, the court would temporarily halt the enforcement of the $2 million judgment until the appellate court reviews the case. This allows InnovateTech a fair opportunity to challenge the ruling without facing immediate financial ruin.

• Extenuating Circumstances: Consider a situation where a landlord successfully obtains a court order to evict a tenant for non-payment of rent. However, just days before the scheduled eviction, the tenant suffers a severe medical emergency requiring immediate hospitalization. The tenant's family or legal representative could petition the court for a cesset executio order. The court might grant this to temporarily stay the eviction, allowing the tenant time to recover or make alternative housing arrangements without the added burden of being forced out of their home during a critical health crisis. The underlying eviction order remains valid, but its immediate enforcement is paused.