Legal Definitions - de procedendo ad judicium

Definition: De procedendo ad judicium is a legal term that means "for proceeding in an assize." It refers to a chancery writ that orders a lower court to proceed to judgment in a case that had been wrongfully stayed. If the lower-court justices refused, they could be punished for contempt.

One example of de procedendo ad judicium is when a case is delayed or put on hold for an extended period of time without a valid reason. In this situation, the higher court may issue a writ of de procedendo ad judicium to order the lower court to proceed with the case and make a judgment.

Another example is when a party to a case files a motion to dismiss or stay the proceedings without proper legal grounds. If the court grants the motion, the other party may seek a writ of de procedendo ad judicium to compel the court to proceed with the case.

These examples illustrate how de procedendo ad judicium is used to ensure that cases are not unduly delayed or stalled without a valid reason. It is a tool that higher courts can use to ensure that justice is served in a timely manner.