''Ex tempore'' (
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
for "out of the moment“) is a legal term that means 'at the time'. A judge who hands down a decision in a case soon or straight after hearing it is delivering a decision ''ex tempore''. Another way a judge may deliver a decision is to
reserve their decision and deliver it later in written form.
An ''ex tempore'' judgment, being off the cuff, does not entail the same preparation as a reserved decision. Consequently, it will not be thought out to the same degree.
In
Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
, intermediate-level courts tend to have a heavy case load, and so many decisions are delivered ''ex tempore'' for reasons of time and necessity. Because many decisions are ''ex tempore'', intermediate-level courts' decisions are not binding on inferior courts - that is to say, that in
New South Wales
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, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, the District Court's decisions are not binding on the Local Court (see Valentine v Eid (1992) 27 NSWLR 615 and ''
stare decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great va ...
'').
Ex tempore decisions are not binding on later courts due to the quick nature of their delivery after the hearing of a case. Therefore, these decisions are of persuasive authority only and a later court, dealing with a case of similar facts, can reach a different conclusion if it is appropriate and the court in question believes that their decision is more suitable.
See also
*
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
* ''
Curia advisari vult''
*
Reserved decision
* ''
Sub judice
In law, ''sub judice'', Latin for "under a judge", means that a particular case or matter is under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers.
...
''
*
Pro tempore
''Pro tempore'' (), abbreviated ''pro tem'' or ''p.t.'', is a Latin phrase which best translates to "for the time being" in English. This phrase is often used to describe a person who acts as a '' locum tenens'' (placeholder) in the absence o ...
References
Civil procedure
Judicial legal terminology
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