Legal Definitions - sequestratio

Sequestration refers to the legal process of removing property from a possessor and placing it under the control of a third party, often by court order, while its ownership or control is being disputed. It also describes the isolation of a jury or witnesses during a trial to prevent external influence.

Sequestration refers to the act of setting aside, isolating, or taking temporary control of property, funds, or even people (like a jury) by legal authority. This is typically done to preserve assets, prevent interference, or ensure fairness during a legal dispute or process. The specific context determines the exact nature and purpose of the sequestration.

• Sequestration of Disputed Property: This occurs when two or more parties are in a legal dispute over who owns or has rights to a particular piece of property. A court may order the property to be temporarily removed from the possession of the current holder and placed under the control of a neutral third party or the court itself. This prevents either side from damaging, selling, or hiding the property until the legal dispute is resolved.
  • Example: A brother and sister are engaged in a contentious lawsuit over their deceased parent's valuable art collection. Fearing that one sibling might attempt to sell or hide certain pieces before the court decides on their rightful distribution, the judge issues an order for the entire collection to be moved to a secure, court-approved art storage facility. A professional art conservator is appointed to oversee the collection's care until the case is settled.

    Explanation: This illustrates sequestration because the court has ordered the temporary removal of the disputed property (the art collection) from the siblings' possession and placed it under neutral, court-appointed control to preserve it during the ongoing legal battle.

• Sequestration of a Jury or Witnesses: In high-profile trials, a judge may order a jury to be "sequestered." This means the jurors are isolated from the outside world, typically housed in a hotel, with limited or no access to news, social media, or personal communications. The goal is to prevent them from being influenced by media coverage, public opinion, or external information, ensuring their verdict is based solely on the evidence presented in court. Similarly, witnesses can be sequestered to prevent them from hearing each other's testimony, which helps ensure independent accounts.
  • Example: During a highly publicized murder trial that has garnered significant media attention and public debate, the judge decides to sequester the jury. For the duration of the trial, the jurors are lodged in a hotel, their phones are collected, and they are not allowed to watch television, read newspapers, or access the internet. They are escorted by bailiffs to and from the courthouse each day.

    Explanation: This demonstrates sequestration as the isolation of the jury from external influences to maintain the integrity of the trial and ensure an impartial verdict based only on the evidence presented in the courtroom.

• Sequestration of Government Funds: This refers to the automatic freezing or reduction of government spending, often mandated by law, to achieve specific fiscal goals, such as reducing a budget deficit. When a sequestration of funds occurs, certain government agencies or programs may have their allocated budgets cut by a predetermined percentage, forcing them to reduce operations or services.
  • Example: A country's legislature passes a law that includes a mechanism for automatic budget cuts across various government departments if the national debt exceeds a certain threshold. When the debt limit is breached, a "sequestration" of funds is triggered, resulting in a 5% reduction in the operating budgets for non-essential agencies, including the Department of Parks and Recreation and the National Endowment for the Arts.

    Explanation: This illustrates sequestration as the automatic freezing or reduction of government funds, mandated by law, to control spending and address a fiscal target like national debt.