sequestration

sequestration (see-kwes-tray-sh[schwa]n), n.

1. The process by which property is removed from the possessor pending the outcome of a dispute in which two or more parties contend for it. Cf. ATTACHMENT(1); GARNISHMENT. [Cases: Sequestration

1. C.J.S. Sequestration §§ 2–3, 5.]

conventional sequestration. The parties’ voluntary deposit of the property at issue in a lawsuit.

judicial sequestration. The court-ordered deposit of the property at issue in a lawsuit. [Cases: Sequestration

1. C.J.S. Sequestration §§ 2–3, 5.]

2. The setting apart of a decedent’s personal property when no one has been willing to act as a personal representative for the estate.

3. The process by which a renounced interest is subjected to judicial management and is distributed as the testator would have wished if he or she had known about the renunciation.

4. A judicial writ commanding the sheriff or other officer to seize the goods of a person named in the writ. • This writ is sometimes issued against a civil defendant who has defaulted or has acted in contempt of court. [Cases: Sequestration 13. C.J.S. Sequestration § 14.]

5. The court-ordered seizure of a bankrupt’s estate for the benefit of creditors.

6. Int’l law. The seizure by a belligerent power of enemy assets. [Cases: War and National Emergency 12. C.J.S. War and National Defense §§ 8, 13, 16–22, 84–85.]

7. The freezing of a government agency’s funds; SEQUESTER(1). [Cases: States 121. C.J.S. States §§ 203, 223.]

8. Custodial isolation of a trial jury to prevent tampering and exposure to publicity, or of witnesses to prevent them from hearing the testimony of others.

— Also termed (in sense 8) jury sequestration. [Cases: Criminal Law 665, 854; Trial 303. C.J.S. Criminal Law §§ 1195, 1363; Trial § 774.]


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