Sub Judice
Literal meaning: “Under a judge”
What does the Latin term "Sub Judice" mean in law?
Sub judice refers to a matter that is currently before a court or under judicial consideration and therefore cannot be publicly discussed or interfered with in ways that might prejudice the proceedings. The doctrine protects the integrity of the judicial process by restricting commentary or actions that could influence the outcome of pending litigation. In many common law jurisdictions, publishing material that could prejudice a sub judice matter may constitute contempt of court. Legislative bodies also observe the sub judice convention by refraining from debating matters that are before the courts.
Source: Procedure · Legal Latin
Legal Definition
Sub judice refers to a matter that is currently before a court or under judicial consideration and therefore cannot be publicly discussed or interfered with in ways that might prejudice the proceedings. The doctrine protects the integrity of the judicial process by restricting commentary or actions that could influence the outcome of pending litigation. In many common law jurisdictions, publishing material that could prejudice a sub judice matter may constitute contempt of court. Legislative bodies also observe the sub judice convention by refraining from debating matters that are before the courts.
How It's Used
Judges and attorneys invoke the sub judice principle to shield ongoing proceedings from outside interference, particularly from media coverage or political commentary. Parliamentary systems use the sub judice rule to prevent legislative debate on matters pending before the courts, preserving the separation of powers.
Example Sentences
The judge instructed all parties that the details of the settlement negotiations were sub judice and could not be disclosed to the press.
The Speaker of the House ruled the question out of order because the underlying matter was sub judice.
Defense counsel moved for a mistrial, arguing that the newspaper's front-page coverage of the sub judice case had irreparably tainted the jury pool.