Legal Definitions - ad informationem judicis

Ad informationem judicis is a Latin phrase that translates to "for the information of the judge." It refers to materials, reports, or explanations that are provided to a judge to help them understand the facts, context, or technical aspects of a case. These materials are intended to assist the judge in making a well-informed decision by offering additional background or clarity, even if they are not formal evidence presented by the parties involved in the dispute.

• Example 1: Environmental Litigation

  Imagine a complex lawsuit where a company is accused of polluting a local river. While the lawyers for both sides present evidence and legal arguments about permits and regulations, the judge might feel they lack a deep understanding of the specific ecological impact of the alleged pollution. In such a situation, the judge might request an independent environmental scientist to provide a briefing or a summary report detailing the river's ecosystem, the types of pollutants involved, and their potential long-term effects. This report serves ad informationem judicis, offering the judge a clearer scientific context to better evaluate the legal claims and evidence presented by the parties.

• Example 2: Child Custody Disputes

  In a contentious child custody case, both parents will present their arguments and evidence to the court. However, a judge might determine that they need a more impartial and comprehensive understanding of the child's daily life, emotional well-being, and preferences beyond what the parents' legal teams are presenting. The judge might then order a guardian ad litem (a legal representative appointed for the child) or a social worker to conduct an independent investigation. The resulting report, detailing the child's living situation, school performance, and any expressed desires, is provided ad informationem judicis to help the judge make a decision that is truly in the child's best interest.

• Example 3: Sentencing in Criminal Cases

  After a defendant has been found guilty of a crime, the judge must determine an appropriate sentence. While the prosecution and defense will present arguments regarding sentencing, the judge often requires a comprehensive overview of the defendant's background. A pre-sentencing report, typically prepared by a probation officer, is routinely submitted to the judge. This report includes details about the defendant's criminal history, family background, employment status, educational achievements, and any relevant mental health or substance abuse issues. This extensive background information is presented ad informationem judicis, enabling the judge to consider all mitigating and aggravating factors when imposing a fair and just sentence.