Legal Question in Real Estate Law in California

extrajudicial agreement

What is meant by extrajudicial agreement?


Asked on 9/12/07, 2:43 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: extrajudicial agreement

Basically, "extrajudicial" means outside the courtroom, or "off the record" of the case. In terms of a settlement agreement or the like, the term would usually mean an agreement that was not put into the record by reading the terms into the record in court, with a court reporter taking everything down. Such extrajudicial settlement agreements are enforceable the same as ordinary contracts, whereas an agreement placed on the record in court can be enforced much more directly, almost as though it were a judgment of the court.

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Answered on 9/12/07, 3:48 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: extrajudicial agreement

Extrajudicial is simply "outside of the courtroom" meaning, of course, no judge was present.

However, it is still binding, assuming there was no fraud or mistake involved (and a few other rare defenses).

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Answered on 9/12/07, 8:41 pm


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