Legal Definitions - licentia loquendi

Licentia Loquendi

In legal terms, licentia loquendi refers to a formal permission granted during a court proceeding that allows parties to pause and confer, often privately, with each other or their legal counsel. This temporary break is typically requested to discuss potential settlements, clarify points of disagreement, or prepare a formal response before the legal process continues. It is similar to the concept of "imparlance," which is a request for more time to consider a response or negotiate.

• Example 1: Business Contract Dispute

  During a court hearing concerning a complex breach of contract between two corporations, the judge observes that the parties are close to an agreement on several key points. The judge might then grant a licentia loquendi, allowing the legal teams and their clients to step out of the courtroom for an hour to engage in private negotiations and finalize a potential settlement, rather than proceeding with further arguments in court.

  This illustrates licentia loquendi because it is a formal pause in the court's proceedings, granted by the judge, specifically for the parties to confer and attempt to resolve their dispute through direct discussion.

• Example 2: Family Law Mediation

  In a contentious divorce case, a couple and their attorneys are present for a hearing on the division of marital assets. Before making a ruling, the judge suggests that the parties might benefit from a brief period of direct discussion to iron out disagreements on specific items. The judge grants a licentia loquendi, allowing the couple and their lawyers to use an adjacent conference room to mediate their differences with the goal of reaching a mutually acceptable agreement.

  This demonstrates licentia loquendi as it represents a sanctioned break in the formal court process, providing an opportunity for the parties to engage in private dialogue and negotiation to resolve outstanding issues.

• Example 3: Pre-Trial Conference in a Civil Case

  During a pre-trial conference for a personal injury lawsuit, the plaintiff's attorney presents new evidence that the defense counsel needs to review and discuss with their client. Instead of immediately responding or requesting a formal adjournment for a later date, the defense attorney asks the judge for a licentia loquendi. The judge grants this, allowing the defense team a short, designated period to privately consult with their client and formulate a strategy or counter-offer based on the new information.

  This exemplifies licentia loquendi by showing a court-approved temporary halt in formal proceedings, specifically to allow a party to confer internally and prepare their next steps or response.