Legal Definitions - procedendo ad judicium

The term procedendo ad judicium is a Latin phrase meaning "for proceeding to judgment." It refers to a specific type of court order, often called a writ, issued by a higher court to a lower court.

A procedendo ad judicium is used when a lower court has jurisdiction over a case but has improperly delayed, refused to hear, or otherwise failed to move the case forward. The higher court issues this order to compel the lower court to resume its duties and proceed with the case to a final decision, rather than letting it languish indefinitely.

Here are some examples illustrating how this legal term applies:

• Example 1: Indefinite Postponement in a Civil Lawsuit

  Imagine a complex business dispute where the trial court judge, perhaps overwhelmed by the case's intricacies or an exceptionally busy docket, repeatedly postpones setting a trial date for several years without a clear legal justification. One of the parties, frustrated by the lack of progress, petitions a higher appellate court. If the appellate court determines that the trial court has jurisdiction but is improperly delaying the proceedings, it might issue a procedendo ad judicium. This order would compel the trial judge to cease the indefinite delays and actively move the case towards a resolution, such as by setting a firm trial date or scheduling key hearings.

• Example 2: Lower Court Refusal to Hear a Criminal Case

  Consider a situation where a municipal court judge mistakenly believes they lack the authority (jurisdiction) to hear a particular type of misdemeanor charge, even though state law clearly grants them that power. Consequently, the judge dismisses several such cases without hearing the evidence. The prosecutor's office appeals these dismissals to a higher district court. If the district court finds that the municipal court indeed possesses the necessary jurisdiction, it could issue a procedendo ad judicium. This writ would order the municipal court to reinstate the dismissed cases and proceed with the criminal proceedings, exercising the jurisdiction it legally holds.

• Example 3: Stalled Administrative Review Process

  Suppose a specialized administrative tribunal is responsible for reviewing appeals regarding professional licensing decisions. An applicant, whose license was denied, files an appeal with this tribunal. However, the tribunal, for unclear reasons, allows the appeal to sit dormant for an unreasonably long period—say, three years—without scheduling a hearing or making any substantive progress. The applicant then seeks intervention from a superior court. If the superior court concludes that the tribunal has the authority to hear the appeal but is simply failing to act, it could issue a procedendo ad judicium. This would direct the administrative tribunal to actively process the appeal and render a decision within a reasonable timeframe, fulfilling its duty to review the case.