Also known as: sequester · sequesters · sequestered · sequestering · sequestrate · sequestrates · sequestrated · sequestrator · sequestrators · sequestration order
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A procedural duty requiring a party that receives inadvertently produced privileged or trial-preparation material to isolate the information and any copies. The receiving party must refrain from use or disclosure until the claim is resolved and must take reasonable steps to retrieve any previously disclosed copies.
A procedural duty requiring a party that receives inadvertently produced privileged or trial-preparation material to isolate the information and any copies. The receiving party must refrain from use or disclosure until the claim is resolved and must take reasonable steps to retrieve any previously disclosed copies.
Select any source to read its text and confirm it supports the definition.
The isolation of witnesses or jurors from external contacts or other testimony during trial. The measure prevents tailoring of testimony and preserves the integrity of the fact-finding process.
Select any source to read its text and confirm it supports the definition.
A court-ordered taking of custody over a party's property to enforce a decree, establish jurisdiction, or secure compliance with a judgment.
Select any source to read its text and confirm it supports the definition.
The isolation of witnesses or jurors from external contacts or other testimony during trial. The measure prevents tailoring of testimony and preserves the integrity of the fact-finding process.
A court-ordered taking of custody over a party's property to enforce a decree, establish jurisdiction, or secure compliance with a judgment.
Each sense below has its own examples, sources, and questions.
Sterling Manufacturing's counsel produced 40,000 pages that included an internal strategy memo. After review, opposing counsel received a letter asserting privilege. Sterling Manufacturing's counsel demanded that the recipient isolate the memo and all derivative notes pending court resolution.
The party must promptly return, sequester, or destroy the information and copies. It must not use or disclose the material until the claim is resolved and must take reasonable steps to retrieve any previously disclosed copies.
Supporting sources
The producing party must promptly notify recipients and invoke clawback procedures. The receiving party must then sequester or return the material and cease use until the privilege claim is resolved.
Supporting sources
Defense counsel made public statements about the pending trial. The court considered whether the remarks created a substantial likelihood of prejudice that would require sequestration of the jury or other protective measures.
The prosecution called multiple eyewitnesses in a criminal trial. The court ordered all remaining witnesses sequestered to prevent them from hearing prior testimony and adjusting their accounts accordingly.
A court may not exclude a single designated officer or employee of a non-natural party who serves as the party's representative. Additional witnesses may remain only if shown to be essential to presenting the claim or defense.
Supporting sources
A victim has a presumptive right to attend. The court may exclude the victim only upon clear and convincing evidence that the victim's testimony would be materially altered and after considering reasonable alternatives.
Supporting sources
A court in State X ordered the defendant to convey land located in State Y. When the defendant failed to comply, the plaintiff sought relief in State Z. The Z court ordered sequestration of the defendant's local property until the conveyance occurred.
A shareholder filed a derivative suit in Delaware and moved to sequester shares owned by nonresident directors. The court ordered the shares held to establish jurisdiction over the defendants who otherwise lacked contacts with the forum.
A plaintiff obtained a judgment against a defendant who refused to satisfy it. The court issued a writ of sequestration against the defendant's local assets to compel compliance with the decree.
…not otherwise subject to the jurisdiction of the Delaware courts, entered a special appearance to challenge the validity of the sequestration order on constitutional grounds. The Court of Chancery upheld the statute and the sequestration order, and the Delaware Supreme Court affirmed. Held: 1. The Delaware courts’ assertion of…