Legal Definitions - de concilio curiae

De concilio curiae is a Latin legal phrase meaning "by the advice of the court" or "by the direction of the court." It describes an action, decision, or step taken in a legal proceeding that is prompted, recommended, or ordered by the judge or the court itself.

Here are some examples to illustrate this concept:

• Example 1: Procedural Guidance

  During a complex commercial dispute, the judge observes that the parties are struggling to agree on a schedule for exchanging documents. The judge then suggests that they jointly hire a neutral third-party expert to manage the document discovery process, believing it will expedite the case. If both parties agree to this arrangement and proceed to hire the expert, their action is taken de concilio curiae, as it directly follows the court's recommendation to streamline the proceedings.

• Example 2: Settlement Encouragement

  In a personal injury lawsuit, after hearing initial arguments, the judge might advise both the plaintiff and the defendant to attend a mandatory settlement conference with a court-appointed mediator. The judge might explain that this step could help them reach a mutually agreeable resolution without the need for a lengthy and costly trial. When the parties attend this conference, they are doing so de concilio curiae, acting upon the court's direction to explore settlement options.

• Example 3: Clarification of Evidence

  In a criminal trial, the defense attorney might present a piece of evidence that the judge finds ambiguous or potentially misleading to the jury. The judge might then direct the defense to provide additional context or a clearer explanation of the evidence's relevance. The defense attorney's subsequent presentation of clarifying information or testimony is done de concilio curiae, as it is a direct response to the court's instruction to ensure fairness and clarity in the presentation of facts.