Legal Definitions - sedente curia

Sedente curia is a Latin phrase that translates to "the court sitting" or "while the court is in session."

It refers to any action, event, or decision that occurs during the period when a judge or panel of judges is actively presiding over a legal proceeding, hearing arguments, taking testimony, or otherwise performing official judicial duties. Essentially, it describes something happening when the court is formally convened and operating.

• Example 1: During a criminal trial, the defense attorney raises an objection to a question posed by the prosecutor, arguing it calls for hearsay. The judge then rules on the objection, either sustaining or overruling it.

  Explanation: This objection and the judge's subsequent ruling occurred sedente curia because the court was actively presiding over the trial, with the judge on the bench and the legal proceedings formally underway.

• Example 2: After hearing all the evidence and arguments in a complex civil case, the judge announces their decision and issues an order from the bench, instructing the losing party to pay a specific amount in damages to the prevailing party.

  Explanation: The judge's announcement of the decision and the issuance of the order happened sedente curia, as these actions were performed while the court was formally convened and actively engaged in its judicial function of resolving the dispute.

• Example 3: A court clerk is responsible for meticulously recording the official minutes of all proceedings, including who is present, what motions are made, and what rulings are issued, throughout the day's scheduled hearings.

  Explanation: The clerk's act of recording these detailed minutes takes place sedente curia because it is an official function performed while the court is actively in session, documenting the events as they unfold during the judicial proceedings.