Legal Definitions - de exemplificatione

De exemplificatione refers to a formal legal order, typically issued by a court, that commands the creation of an official, certified copy of an original public record or document. This process ensures that the copy is recognized as an accurate and authentic representation of the original, often for use in other legal proceedings or official contexts.

• Example 1: Property Transaction

  Imagine a homeowner, Mr. Davies, is selling a piece of land that has been in his family for generations. The buyer's bank requires an official, certified copy of the original deed, which is securely stored at the county land records office and is quite old. Mr. Davies's attorney might request a de exemplificatione to compel the county clerk to produce an official, certified transcription of that original deed. This ensures the bank receives an authentic document recognized by law, rather than just a simple photocopy, allowing the sale to proceed.

• Example 2: Evidence in a New Lawsuit

  Consider a situation where a lawyer is preparing for a new civil lawsuit and needs to introduce specific testimony given by a witness in a previous, related court case from several years ago. To ensure the testimony is admissible as evidence, it must be an official record. The lawyer could obtain a de exemplificatione directed to the clerk of the court from the previous case, ordering them to create a certified transcription of the relevant witness testimony. This certified copy would then be accepted as reliable evidence in the current lawsuit.

• Example 3: Verifying Business Registration for International Purposes

  A technology startup, "InnovateTech Inc.," is expanding its operations into a new country and needs to prove its legal existence and registration status to foreign government authorities. These authorities require an official, certified copy of InnovateTech's original certificate of incorporation, which is held by the state's Secretary of State office. InnovateTech's legal team could seek a de exemplificatione to obtain a certified transcription of their original certificate of incorporation. This official copy, often further authenticated with an apostille for international use, serves as definitive proof of their legal status abroad.