Legal Definitions - prece partium

prece partium refers to an action taken by a court or legal authority at the request of the parties involved in a legal matter. Essentially, it means that a particular order, decision, or procedural step is made because all relevant parties have jointly asked the court to do so, indicating their mutual agreement.

Here are some examples to illustrate this concept:

• Example 1: Extending a Deadline in a Civil Lawsuit

  Imagine a business dispute where both the plaintiff (the party suing) and the defendant (the party being sued) realize they need more time to gather evidence before a scheduled court hearing. Instead of one party asking for an extension and the other opposing it, they both agree that an extension would be beneficial. They jointly file a motion with the court, requesting an additional 30 days to complete their discovery process. If the court grants this request, it is acting prece partium because the decision to extend the deadline was made based on the shared "prayer" or request of both parties.

• Example 2: Modifying a Child Custody Agreement

  Consider a divorced couple who initially had a court-ordered child custody schedule. As their children grow older, their needs change, and both parents agree that a different visitation schedule would now be more suitable for everyone involved. They work together to draft a new agreement and present it to the family court, asking the judge to officially adopt this revised schedule. When the judge approves and issues an order reflecting their new agreement, the court is acting prece partium, as the modification was made in response to the joint petition of both parents.

• Example 3: Dismissing a Case After Settlement

  In a personal injury lawsuit, the injured party and the defendant's insurance company engage in negotiations and eventually reach a settlement agreement outside of court. As part of this agreement, both parties decide that they no longer need the court to resolve their dispute. They jointly file a document with the court, often called a "stipulation of dismissal," asking the judge to close the case. When the judge issues an order dismissing the lawsuit, this action is taken prece partium because it is based on the mutual request and agreement of both the plaintiff and the defendant.