Exploring Ex Assensu Curiae: The Concept of Court Consent

Definition & Meaning

The term ex assensu curiae is a Latin phrase that translates to "with the consent of the court." It is commonly used in legal contexts to indicate that a particular action or decision has been approved or acknowledged by a judge or court. For example, if a surety is discharged ex assensu curiae, it means that the court has given its consent for that surety to be released from their obligations.

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Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples of how this term might be applied:

  • If a surety has guaranteed a loan and the borrower defaults, the surety may be discharged ex assensu curiae if the court agrees to release them from their obligations.
  • In a child custody case, a parent may be allowed to relocate with their child ex assensu curiae if the court consents to the move based on the best interests of the child.

State-by-state differences

Examples of state differences (not exhaustive):

State Variation
California Courts may have specific forms for discharging sureties.
New York Requires a formal motion for court consent in some cases.
Texas May involve additional hearings to obtain consent.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Assent Agreement or approval. Assent may not require court involvement.
Consent Permission for something to happen. Consent may be informal, while ex assensu curiae is formal and court-sanctioned.

What to do if this term applies to you

If you find yourself in a situation where ex assensu curiae is relevant, consider the following steps:

  • Review the specific legal context to understand the implications of court consent.
  • Consult with a legal professional to ensure proper procedures are followed.
  • Explore US Legal Forms for templates that can help you draft necessary documents.

Quick facts

  • Typical use: Legal consent in court-related matters.
  • Jurisdiction: Varies by state.
  • Documentation: Required for legal validity.

Key takeaways

Frequently asked questions

It means "with the consent of the court," indicating that a court has approved a specific action.