Legal Definitions - Sequester

The term "sequester" has two primary meanings in a legal context:

1. To Isolate Individuals During Legal Proceedings:

   To sequester someone, typically a jury or a witness, means to isolate them from outside influences during a legal trial. This action is taken to ensure their impartiality and prevent them from being swayed by media reports, public opinion, or personal contacts. The goal is to preserve the fairness and integrity of the proceedings, ensuring that decisions are based solely on the evidence presented in court.

   • Example 1 (Jury Isolation): In a high-profile criminal trial involving a prominent public figure, the judge ordered the jury to be sequestered for the duration of the proceedings. This meant the jurors stayed in a hotel, had their access to news and social media restricted, and were not allowed to communicate with anyone outside the jury and court staff until a verdict was reached.

     Explanation: This measure was implemented to ensure that the jury's decision would be based purely on the evidence and arguments presented in the courtroom, free from the intense media speculation and public commentary surrounding the case.

   • Example 2 (Witness Isolation): During a complex fraud trial, a key witness who had received threats was sequestered by the court. They were housed in a secure, undisclosed location and had limited contact with the outside world, escorted by marshals when traveling to and from court.

     Explanation: The court's decision to sequester the witness aimed to protect their safety and prevent any potential intimidation or influence that could compromise their testimony, thereby safeguarding the integrity of the evidence.

2. To Seize or Take Control of Property by Court Order:

   To sequester property refers to the legal act of temporarily seizing or taking control of assets by a court order. This usually occurs when there is a dispute over ownership, possession, or value of the property, and the court wants to prevent it from being sold, damaged, hidden, or moved before a final legal decision is made.

   • Example 3 (Property Seizure in Divorce): During a contentious divorce, one spouse discovered that the other was attempting to sell off valuable antique furniture and artwork that was considered marital property. To prevent these assets from being liquidated or hidden, the first spouse's attorney petitioned the court to sequester the items.

     Explanation: The court granted the request, issuing an order that legally seized the specified property, placing it under the court's temporary control until the division of assets could be formally decided, ensuring the property remained available for equitable distribution.