Legal Definitions - predecisional

Predecisional

The term predecisional describes anything that occurs, exists, or is considered during the period before a final decision has been made. It refers to the stage where information is being gathered, options are being explored, or discussions are taking place, but no definitive choice or action has yet been formally adopted.

• Imagine a university committee tasked with selecting a new dean. All the applications reviewed, interview notes taken, and internal discussions held among committee members before they submit their final recommendation to the university president are considered predecisional. This is because these activities are part of the process leading up to, but not including, the ultimate hiring decision.

• Consider a government agency developing new regulations for environmental protection. The draft proposals, public comments received, internal policy debates, and economic impact studies conducted before the agency officially publishes the final rule are all predecisional. These elements are part of the deliberative process that informs the ultimate regulatory decision.

• In a legal context, if a jury is deliberating a verdict, any notes they take, discussions they have, or questions they ask the judge before they announce their final decision are predecisional. These actions are internal to their process of reaching a conclusion and precede the formal declaration of guilt or innocence.