Civil procedure
Consent Decree
A consent decree is a settlement that the judge signs as a court order, so its terms can be enforced by the court.
It is common when the government sues: antitrust remedies, environmental cleanups, police reform, and school desegregation are frequently governed by one. The defendant agrees to specific obligations without necessarily admitting liability.
Because it is an order and not just a contract, violating it is contempt rather than breach. Decrees often run for years with a monitor reporting to the court, and ending one usually requires showing the goals have been met.
Decrees can outlast the officials who signed them. Because they bind the office rather than the person, a new administration inherits the obligations, and modifying or terminating a decree requires going back to the same court.
How it appears on a docket
CONSENT DECREE entered between the United States and Acme Logistics, Inc. The court retains jurisdiction for five years to enforce its terms.
Related terms
- Settlement Agreement — A settlement agreement is the contract in which the parties resolve a lawsuit themselves, usually with a payment and a release of claims.
- Order — An order is a written direction from the judge deciding something in the case, from a one-line scheduling change to a ruling that ends the lawsuit.
More on civil procedure
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