Extrajudicial: A Comprehensive Guide to Its Legal Meaning and Context

Definition & Meaning

Extrajudicial refers to actions or opinions that occur outside the formal judicial process. This means they are not connected to any court proceedings or decisions. For example, an extrajudicial opinion is one that a court does not have the authority to issue, as it falls outside its jurisdiction.

Table of content

Real-world examples

Here are a couple of examples of abatement:

  • A mediator providing a settlement recommendation to both parties before any court action is taken (hypothetical example).
  • A legal expert offering an opinion on a case without being called as a witness in court (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State Extrajudicial Context
California Commonly used in mediation and arbitration processes.
New York Extrajudicial opinions are often sought in complex litigation cases.
Texas Private settlements are frequently reached extrajudicially in family law cases.

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
Judicial Actions or decisions made by a court. Extrajudicial actions are not made by a court.
Arbitration A method of resolving disputes outside of court. Arbitration can be considered extrajudicial, but it is a formal process.
Mediation A facilitated negotiation between parties. Mediation is often extrajudicial but involves a neutral third party.

What to do if this term applies to you

If you find yourself in a situation involving extrajudicial actions, consider the following steps:

  • Identify the nature of the extrajudicial action and its implications.
  • Consult with a legal professional if you're unsure about your rights or obligations.
  • Explore US Legal Forms for templates that can assist you in managing your situation effectively.

Quick facts

  • Extrajudicial actions are not governed by court rules.
  • Common in mediation and private settlements.
  • Can involve legal opinions outside of court authority.

Key takeaways

Frequently asked questions

An extrajudicial opinion is a legal opinion provided outside the authority of a court.