Legal Definitions - consuetudo curiae

Consuetudo curiae refers to the established, unwritten customs or practices that a specific court consistently follows in its operations, procedures, or administration. These are not formal rules written in a statute or court handbook, but rather traditions that have developed over time and are generally understood and adhered to by the judges, clerks, and lawyers who regularly interact with that particular court.

Here are some examples to illustrate this concept:

• Example 1: Scheduling Preferences

  In a particular family court, it might be the unwritten custom (consuetudo curiae) for judges to prioritize hearings involving child custody disputes over property division matters when scheduling conflicts arise, even if the official court rules do not explicitly state this preference. Lawyers who regularly practice in that court understand this customary priority and adjust their expectations and scheduling requests accordingly.

• Example 2: Courtesy Copies for the Judge

  While official court rules mandate electronic filing of all documents with the clerk's office, a specific judge's courtroom might have a long-standing custom (consuetudo curiae) where attorneys are expected to deliver a physical "courtesy copy" of all significant motions and briefs directly to the judge's chambers. This practice is not written in any rulebook but is an understood expectation to ensure the judge has immediate access to paper copies for review.

• Example 3: Informal Pre-Hearing Conferences

  In a certain small claims court, there might be a customary practice (consuetudo curiae) where the judge or a court mediator always holds a brief, informal conference with both parties immediately before the scheduled hearing. This is done to encourage last-minute settlements or clarify issues, even though the formal rules of procedure do not mandate such a conference. Attorneys and litigants familiar with the court anticipate and prepare for this customary pre-hearing discussion.