Legal Definitions - ex comitate

The Latin term ex comitate refers to an action taken or a deference shown not because it is strictly required by law, but rather out of mutual respect, goodwill, or a sense of professional courtesy. It signifies a voluntary act of politeness or cooperation between different legal jurisdictions or entities.

• Example 1: International Judicial Recognition
  Imagine a situation where a court in France is asked to recognize and enforce a judgment for damages that was issued by a court in Germany. Even if there isn't a specific treaty between France and Germany that mandates the enforcement of each other's judgments in this particular type of case, the French court might still choose to recognize the German judgment. This decision would be made ex comitate, demonstrating respect for the German legal system and promoting international judicial cooperation, rather than being compelled by a direct legal obligation.

• Example 2: Inter-State Professional Courtesy for Attorneys
  Consider an attorney who is licensed to practice law in California but needs to represent a client in a single, specific case in a Texas court. While the attorney is not a member of the Texas bar, they can often apply for special permission to appear in that particular case, a process known as *pro hac vice*. A Texas judge might grant this permission ex comitate, extending a professional courtesy to the out-of-state attorney and allowing the client to be represented by their chosen counsel, provided the attorney is in good standing in California.