Legal Definitions - apud acta

Apud acta is a Latin legal phrase that translates to "among the acts" or "among the judicial proceedings recorded in writing." It refers to actions, statements, or requests made orally during a court hearing or trial that are immediately documented and become part of the official court record. This term is particularly associated with the practice of making an appeal or a formal declaration directly to the judge in open court, which is then officially noted in the minutes or transcript of the proceedings.

Here are some examples to illustrate this concept:

• Imagine a civil trial where the judge has just announced a verdict against a defendant. Immediately after the judge's pronouncement, the defendant's attorney stands up and states, "Your Honor, my client wishes to note an appeal against this judgment." This oral declaration, made directly to the judge in court and subsequently recorded by the court reporter in the official transcript, would be considered an action taken apud acta. It's an appeal made among the recorded acts of the court session, ensuring it is formally part of the court's official record.

• During a complex commercial dispute, a lawyer for one of the parties believes the opposing counsel is introducing irrelevant evidence. The lawyer rises and says, "Objection, Your Honor, relevance. And we request that this objection, and our intent to potentially raise it on appeal, be noted for the record." When the judge acknowledges this and the court reporter transcribes it, this formal request and declaration of intent are made apud acta. They are officially captured within the ongoing judicial proceedings, preserving the objection for future legal review.

• Consider a probate hearing where a will is being contested. After a specific ruling by the judge regarding the interpretation of a clause, one of the beneficiaries' lawyers declares, "Your Honor, my client formally reserves their right to challenge this interpretation in a higher court." This oral statement, made during the hearing and entered into the official court minutes, serves as a declaration apud acta. It ensures that the intent to appeal or challenge is formally recorded as part of the court's proceedings, establishing a clear record of the party's position.