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Legal Definitions - de certificando

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Definition of de certificando

De certificando is a Latin legal term that refers to a formal legal order or request requiring a specific document, record, or fact to be officially confirmed or attested as true and accurate by the appropriate authority. Essentially, it is a demand for official certification, ensuring that a piece of information or a document is authenticated and reliable for legal purposes.

Here are some examples to illustrate this concept:

  • Government Records in a Court Case: Imagine a court case where a person's age is a critical factor, perhaps in a dispute over eligibility for a specific benefit or service. The court might issue a "de certificando" to the national vital statistics office, demanding that an official, certified copy of the person's birth certificate be produced. This ensures that the court receives an authenticated document directly from the official record-keeper, rather than an unverified copy, thereby establishing the person's age with legal certainty.

  • Financial Documents in a Business Dispute: Consider a situation where two companies are in a legal dispute over an alleged unpaid invoice. One company claims a payment was made, while the other denies receiving it. A court or one of the parties might issue a "de certificando" to the bank involved, requiring them to officially certify specific transaction records, such as wire transfer confirmations or account statements, as true and accurate representations of their official banking records. This provides irrefutable, certified evidence of the financial transactions for the court's review.

  • Property Ownership Verification: In a complex real estate transaction or a dispute over land boundaries, there might be questions about the exact legal description or ownership history of a property. A party involved, or a court, could issue a "de certificando" to the local land registry or county recorder's office. This would compel the office to provide officially certified copies of deeds, survey maps, or other relevant property records, confirming their authenticity and accuracy as held in the public record. This ensures that all parties rely on verified, official documentation regarding the property's legal status.

Simple Definition

De certificando is a legal term referring to a writ, which is a formal written order from a court. This writ specifically requires that something be certified, meaning officially confirmed or attested to. It functions similarly to a writ of certiorari, which typically requests a lower court to send its records to a higher court for review.

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