De non procedendo ad assisam is a term used in law which signifies “not proceeding to take an assize.” Throughout history, it served as a writ instructing justices to refrain from conducting an assize in a specific case.
De Non Procedendo ad Assisam is a Latin legal term that means “not proceeding to take an assize.” It refers to a writ that instructs justices not to hold an assize in a specific case. For instance, if a plaintiff files a lawsuit against a defendant but the defendant argues that the case should not proceed to trial due to the plaintiff’s lack of a valid claim, the defendant can request a writ of de non procedendo ad assisam to halt the trial until the issue of the plaintiff’s claim is resolved. Similarly, if a landlord sues a tenant for non-payment of rent and the tenant claims that the landlord has not adequately maintained the property, the tenant can request a writ of de non procedendo ad assisam to delay the trial until the issue of property maintenance is resolved. These examples demonstrate how a writ of de non procedendo ad assisam can be utilised to postpone a trial until a specific matter is resolved. This allows the parties involved to address any potential issues before proceeding to trial, ultimately saving time and resources.
“De Non Procedendo Ad Assisam” is a Latin term that translates to “not proceeding to the assize.” It refers to a legal action where a plaintiff decides not to proceed with a lawsuit before it reaches the assize court.
A plaintiff can choose “De Non Procedendo Ad Assisam” at any stage of the legal process before the case reaches the assize court. It is typically done when the plaintiff believes that pursuing the lawsuit further would not be beneficial.
By choosing “De Non Procedendo Ad Assisam,” the plaintiff effectively withdraws their lawsuit. The case will not proceed to the assize court, and any pending legal proceedings related to the case will be terminated.
Yes, the defendant can object to “De Non Procedendo Ad Assisam” if they believe that the plaintiff’s decision is unjust or unfair. The defendant can present their objections to the court, and the judge will decide whether to allow the withdrawal or not.
In most cases, the plaintiff cannot refile the same lawsuit after choosing “De Non Procedendo Ad Assisam.” Once the case is withdrawn, it is considered closed, and the plaintiff would need to initiate a new lawsuit if they wish to pursue the matter further.
The financial implications of choosing “De Non Procedendo Ad Assisam” may vary depending on the jurisdiction and the stage of the legal process. In some cases, the plaintiff may be required to pay the defendant’s legal costs incurred up to that point.
In general, the court cannot force a plaintiff to proceed with a lawsuit if they choose “De Non Procedendo Ad Assisam.” However, if the defendant successfully objects to the withdrawal, the court may require the plaintiff to continue with the case.
No, “De Non Procedendo Ad Assisam” is typically used in civil cases and not in criminal cases. It is a legal action specific to civil litigation.
The term “De Non Procedendo Ad Assisam” may not be recognized in all jurisdictions, especially those that do not use Latin legal terminology. However, the concept of withdrawing a lawsuit before it reaches the trial stage is generally recognized in most legal systems.
Yes, a lawyer can advise a plaintiff on whether choosing “De Non Procedendo Ad Assisam” is a suitable course of action based on the specific circumstances of the case. It is always recommended to consult with a legal professional for personalized advice in such matters.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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