Legal Question in Real Estate Law in California
extrajudicial agreement
What is meant by extrajudicial agreement?
2 Answers from Attorneys
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.
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).