Legal Definitions - bill in perpetuam rei memoriam

A "bill in perpetuam rei memoriam" (Latin for "a bill for the perpetual memory of a thing") is a legal procedure used to formally record and preserve evidence or testimony that is at risk of being lost or unavailable before a lawsuit can actually begin. It allows a party to gather and document crucial information now to ensure it can be used in a future legal dispute. This is typically done when a potential witness is elderly or ill, or when physical evidence might deteriorate or be altered over time, thereby preventing a potential injustice.

• Example 1: Preserving Elderly Witness Testimony

  Imagine a situation where a small town is anticipating a major legal dispute over the historical boundaries of a public park versus private land. The only living person who clearly remembers the original property markers and their placement decades ago is Mrs. Eleanor Vance, a 92-year-old resident whose health is unfortunately declining. No lawsuit has been formally filed yet, but one is imminent.

  In this scenario, one of the parties anticipating the lawsuit could file a "bill in perpetuam rei memoriam." This would allow Mrs. Vance's crucial testimony about the boundary lines to be formally taken and recorded under oath by a court official. This ensures that even if Mrs. Vance passes away before the actual lawsuit begins, her invaluable eyewitness account is preserved and can be presented as evidence in the future court case, preventing the loss of critical information.

• Example 2: Documenting Perishable Evidence

  Consider a company that suspects a rival is about to launch a new product that infringes on their patented technology. They have a brief opportunity to inspect a prototype of the rival's product at a private industry exhibition, but the prototype will only be displayed for a few days before being returned to a highly secure and inaccessible research facility. They need to gather concrete evidence of the infringement before it disappears.

  The company could seek a "bill in perpetuam rei memoriam" to allow for a formal, documented inspection of the competitor's prototype. This might involve having an independent expert conduct a detailed examination, take photographs, and create precise technical descriptions, all under court supervision. This process preserves evidence of the design's features and potential infringement before the prototype becomes unavailable, ensuring they have the necessary proof if they need to file a patent infringement lawsuit later.

• Example 3: Recording Changing Physical Conditions

  A homeowner observes significant cracks appearing in their foundation and walls, which they believe are caused by extensive excavation work on an adjacent construction site. The full extent of the damage to their home won't be clear until the construction project is complete, which could be many months away. However, the specific conditions on the construction site – such as the depth of excavations, the type of shoring used, or the presence of certain heavy machinery – are constantly changing and will soon be covered up or removed.

  The homeowner could file a "bill in perpetuam rei memoriam" to have an independent structural engineer formally inspect and document the current conditions of both the construction site and their home. This would include detailed measurements, photographs, soil samples, and expert observations, all formally recorded. This preserves a precise snapshot of the relevant physical evidence before the site changes, allowing them to use this documented evidence to support a claim for damages against the construction company in a future lawsuit.