Legal Definitions - cesset processus

Cesset Processus

Cesset processus is a Latin legal term that translates to "let the process stop." It refers to a formal order issued by a court or judicial body that temporarily halts or suspends a specific legal action or proceeding. When a cesset processus order is entered, it means that no further steps or actions can be taken in that particular case until the stay is lifted, expires, or certain conditions are met. This order is officially recorded and serves to pause the legal timeline and requirements.

Here are a few examples to illustrate how cesset processus might be applied:

• Example 1: Facilitating a Settlement

  Imagine a complex civil lawsuit between two companies over a contract dispute. After months of litigation, the parties inform the judge that they are very close to reaching an out-of-court settlement. To allow them time to finalize the detailed settlement agreement without the pressure of an impending trial date or discovery deadlines, the judge might issue a cesset processus. This order would temporarily halt all ongoing court proceedings, such as motions or depositions, giving the companies a window to complete their negotiations and paperwork. Once the settlement is signed, the stay would be lifted, and the case could be formally dismissed.

• Example 2: Awaiting a Key Legal Precedent

  Consider a situation where a lower court is handling a case that involves a novel legal question, and a very similar case addressing the exact same legal issue is currently pending before a higher appellate court. The lower court judge might issue a cesset processus to pause the proceedings in their case. This allows the court to wait for the appellate court's decision, which will establish a binding legal precedent. Once the higher court rules, the stay can be lifted, and the lower court can proceed with its case, applying the newly established legal principle.

• Example 3: Addressing a Defendant's Competency

  In a criminal case, if there's a serious question about the defendant's mental competency to understand the charges against them or assist in their own defense, the court may order a psychiatric evaluation. During the period of this evaluation, and while awaiting the results and a formal competency hearing, the judge might issue a cesset processus. This order would temporarily stop all other criminal proceedings, such as jury selection or witness testimony, ensuring that the defendant's rights are protected and that the legal process only continues once their competency has been determined.