Ex tempore (Latin for "out of the moment“) is a law latin 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.[1] 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, 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, the District Court's decisions are not binding on the Local Court (see Valentine v Eid (1992) 27 NSWLR 615 and stare decisis).
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.
"Ex tempore judgments". Michael Coper, Tony Blackshield and George Williams (eds). The Oxford Companion to the High Court of Australia. Oxford University Press. 2001. Published online 2007. ISBN 9780195540222. Oxford Reference.
Max Barrett. "The art and craft of ex tempore judgments". The Art and Craft of Judgment-Writing: A Primer for Common Law Judges. Globe Law and Business. April 2022. ISBN 9781787428577. Part III ("Ex tempore judgments"). Chapter 13.
Michael D Kirby, "Ex Tempore Judgments - Reasons on the Run" (1995) 25 University of Western Australia Law Review 213 (No 2, December 1995). AustLII: [1][2]. HeinOnline. This is a reprint of M D Kirby, "Ex Tempore Reasons " (1992) 9 Australian Bar Review 93 (No 2).
Roger McCarthy, "How good do ex tempore judgments need to be?", Family Law, 5 November 2012
"Ex tempore judgments" in "When delay is not fatal" (2019) 64 Journal of the Law Society of Scotland (No 3: March 2019, 18 March 2019)
Lorraine Walker. "Ex tempore decisions". COAT.
Michael Cross, "Public law not very public, research suggests" (2022) The Law Society Gazette, 8 March 2022
Daniel Hoadley, Joe Tomlinson, Editha Nemsic and Cassandra Somers-Joce, "How Public is Public Law? The Current State of Open Access to Administrative Court Judgments" in "Practice and Procedure" (2022) 27 Judicial Review 95 (Issue 2: 22 September 2022) Taylor and Francis.
J E Cote, "The Oral Judgment Practice in the Canadian Appellate Courts" (2003) 5 Journal of Appellate Practice & Process 435 (No 2: Fall 2003) HeinOnline University of Arizona
Theo Tsavdaridis. "Oral Decisions in the Real World". (Oral Judgments Course). National Judicial College of Australia. 30 June 2022.
Arthur R Emmett, "Towards the Civil Law?: The Loss of 'Orality' in Civil Litigation in Australia" (2003) 26(2) UNSW Law Journal 447 AustLII
tempore, decision, this, article, about, tempore, judgments, other, meanings, tempore, disambiguation, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, c. This article is about ex tempore judgments For other meanings see Ex tempore disambiguation This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Ex tempore decision news newspapers books scholar JSTOR October 2021 Learn how and when to remove this template message Ex tempore Latin for out of the moment is a law latin 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 1 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 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 the District Court s decisions are not binding on the Local Court see Valentine v Eid 1992 27 NSWLR 615 and stare decisis 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 editAppeal Curia advisari vult Reserved decision Sub judice Pro temporeReferences edit Ex tempore judgments Michael Coper Tony Blackshield and George Williams eds The Oxford Companion to the High Court of Australia Oxford University Press 2001 Published online 2007 ISBN 9780195540222 Oxford Reference Max Barrett The art and craft of ex tempore judgments The Art and Craft of Judgment Writing A Primer for Common Law Judges Globe Law and Business April 2022 ISBN 9781787428577 Part III Ex tempore judgments Chapter 13 Michael D Kirby Ex Tempore Judgments Reasons on the Run 1995 25 University of Western Australia Law Review 213 No 2 December 1995 AustLII 1 2 HeinOnline This is a reprint of M D Kirby Ex Tempore Reasons 1992 9 Australian Bar Review 93 No 2 Roger McCarthy How good do ex tempore judgments need to be Family Law 5 November 2012 Ex tempore judgments in When delay is not fatal 2019 64 Journal of the Law Society of Scotland No 3 March 2019 18 March 2019 Lorraine Walker Ex tempore decisions COAT Michael Cross Public law not very public research suggests 2022 The Law Society Gazette 8 March 2022 Daniel Hoadley Joe Tomlinson Editha Nemsic and Cassandra Somers Joce How Public is Public Law The Current State of Open Access to Administrative Court Judgments in Practice and Procedure 2022 27 Judicial Review 95 Issue 2 22 September 2022 Taylor and Francis J E Cote The Oral Judgment Practice in the Canadian Appellate Courts 2003 5 Journal of Appellate Practice amp Process 435 No 2 Fall 2003 HeinOnline University of Arizona Theo Tsavdaridis Oral Decisions in the Real World Oral Judgments Course National Judicial College of Australia 30 June 2022 Arthur R Emmett Towards the Civil Law The Loss of Orality in Civil Litigation in Australia 2003 26 2 UNSW Law Journal 447 AustLII Zander Michael 2004 The Law Making Process Cambridge Cambridge University Press ISBN 978 0 521 60989 0 Retrieved from https en wikipedia org w index php title Ex tempore decision amp oldid 1211512693, wikipedia, wiki, book, books, library,
