Legal Definitions - ad instantiam partis

Ad instantiam partis is a historical legal phrase that translates from Latin to "at the instance of a party." It signifies that a particular action, decision, or legal proceeding was undertaken *because one of the parties involved* in a legal matter specifically requested or initiated it.

This phrase highlights that the action was not taken by the court or authority on its own initiative (known as sua sponte), but rather in direct response to a plea, application, or request from a participant in the case. It emphasizes the role of the parties in driving the legal process.

Here are some examples to illustrate this concept:

• Example 1: Request for a Protective Order

  Imagine a civil lawsuit where one party believes the opposing side is harassing their witnesses. The concerned party's attorney files a motion asking the court to issue a protective order, which would prevent the opposing side from contacting those witnesses. If the judge reviews the motion and subsequently issues the protective order, that judicial action is taken ad instantiam partis. It was a direct response to the specific request made by one of the parties, not something the judge decided to do without prompting.

• Example 2: Initiating a Lawsuit

  Consider a situation where a homeowner discovers significant structural defects in their newly purchased house, which they believe were intentionally concealed by the seller. The homeowner decides to sue the seller for damages. The act of filing the lawsuit and initiating the legal proceedings is an action taken ad instantiam partis. The entire case begins because the homeowner (one of the parties) chose to bring the claim before the court, seeking a legal remedy for their grievance.

• Example 3: Motion to Compel Discovery

  In a business dispute, one company refuses to provide certain financial documents that the other company believes are crucial for their case. The requesting company's legal team files a "motion to compel discovery," asking the court to order the opposing side to produce the documents. If the court grants this motion and orders the disclosure, that decision is made ad instantiam partis. The court's order to compel was issued directly at the request (instance) of one of the parties seeking to advance their case.