Legal Definitions - Sequestration

Sequestration refers to a legal process where a court orders the temporary removal, holding, or isolation of either property or individuals.

• It can involve taking control of assets to protect them or ensure their availability during a legal dispute, or to enforce a court order.
• It can also involve isolating people, such as jury members or witnesses, to prevent external influence and ensure a fair trial.

Examples of Sequestration:

• Property in Dispute: Imagine two business partners are dissolving their company and are in a heated legal battle over the ownership of several valuable pieces of artwork purchased with company funds. Each partner claims the art belongs solely to them, and there's a risk one might try to sell or hide the pieces before the court can decide.

  A court might order the artwork to be placed under sequestration. This means the art would be temporarily removed from both partners' possession and held by a neutral third party, such as a professional art storage facility or a court-appointed custodian. This action ensures the artwork remains secure and available until the court makes a final decision on its rightful owner, preventing either party from disposing of it prematurely.

• Enforcement of Court Orders: Consider a situation where an individual has been ordered by a court to pay a substantial fine for violating environmental regulations. Despite repeated warnings, the individual refuses to pay and begins transferring funds out of their bank accounts, seemingly to avoid the payment.

  To ensure compliance, the court could order the sequestration of the individual's remaining bank accounts or other assets, such as a luxury vehicle. This legal seizure means the assets are frozen or taken into custody by the court or a designated officer. This prevents the individual from further hiding or dissipating their wealth, ensuring that the court's judgment can eventually be satisfied from the sequestered assets.

• Jury Isolation for Fair Trial: During a high-profile murder trial that has garnered significant national media attention and intense public debate, there is concern that jurors might be swayed by external opinions or news reports.

  To guarantee that the jury's verdict is based solely on the evidence presented in the courtroom, the judge might order the jury to be sequestered. This involves housing the jurors together in a hotel for the duration of the trial, with limited or no access to television, internet, newspapers, or personal phones. This isolation prevents them from being exposed to outside influences, ensuring their deliberations are impartial and focused only on the facts presented during the trial.