Legal Definitions - ex assensu curiae

The Latin phrase ex assensu curiae translates to "by or with the consent of the court." This term is used to describe any action, order, or agreement that requires and receives the explicit or implicit approval of a judge or the court itself to be valid or effective. It signifies that a particular legal step or outcome is not automatic but depends on the court's permission or agreement.

Here are a few examples to illustrate this concept:

• Example 1: Extension of a Deadline

  Imagine a lawyer representing a client in a complex lawsuit. They realize they need more time to gather crucial documents and prepare a detailed response to the opposing side's filing. The lawyer drafts a formal request, called a motion, asking the judge for an extension of the deadline. If the judge reviews the motion and grants the extension, that decision is made ex assensu curiae. The extension is not a right; it is granted only because the court has consented to it after considering the reasons provided.

• Example 2: Approval of a Settlement Agreement

  In a personal injury case, the plaintiff and defendant negotiate and reach a settlement agreement outside of court. This agreement outlines how much money the defendant will pay and other terms to resolve the dispute. Even though both parties have agreed, they must present this settlement to the court for approval. If the judge reviews the terms and finds them fair and lawful, they will issue an order approving the settlement. This approval makes the settlement legally binding ex assensu curiae, as it becomes effective with the court's formal consent.

• Example 3: Appointment of a Guardian

  When a family seeks to have a guardian appointed for an elderly relative who can no longer manage their own affairs, they must file a petition with the court. The court will hold a hearing, review evidence of the relative's capacity, and consider who would be the most suitable guardian. If the judge decides to appoint a specific family member or professional as the guardian, that appointment is made ex assensu curiae. The court's consent is essential to legally empower the guardian to make decisions on behalf of the vulnerable individual.