Legal Definitions - comes now

Comes now is an archaic, formal phrase traditionally used at the beginning of a legal pleading or document. It serves as an introductory statement, signaling to the court which party is presenting the document and its contents. Essentially, it means "the following party now presents this information to the court." While still occasionally seen in very formal or traditional legal settings, modern legal drafting often uses more direct language.

Here are some examples to illustrate its use:

• Example 1: Initiating a Lawsuit

  Imagine a software development company, TechSolutions Inc., is suing a former client for breach of contract. The initial document filed with the court, known as a complaint, might begin:

  "Comes now the plaintiff, TechSolutions Inc., by and through its legal counsel, and would show unto the Court the following claims for relief..."

  This phrase formally introduces TechSolutions Inc. as the party bringing the lawsuit and presenting its allegations to the court.

• Example 2: Responding to a Legal Action

  Consider a situation where a homeowner, Mr. David Miller, has been sued by a contractor. When Mr. Miller files his formal response to the lawsuit, called an answer, it might commence with:

  "Comes now the defendant, David Miller, by and through his undersigned attorney, and for his Answer to the Complaint filed herein, states as follows..."

  Here, "comes now" formally announces Mr. Miller as the defendant who is presenting his defense and responses to the claims made against him.

• Example 3: A Government Entity Filing a Motion

  Suppose the City of Metropolis Planning Department needs to file a motion in an ongoing land dispute case. Their legal filing might open with:

  "Comes now the City of Metropolis, acting by and through its Planning Department, and respectfully moves this Honorable Court for an order..."

  In this context, the phrase formally introduces the government entity as the party making a specific request (a motion) to the court within an existing legal proceeding.