Legal Definitions - de malo

De malo is a Latin legal term that translates to "of illness" or "of misfortune." Historically, it referred to a valid excuse for someone's absence from court or inability to fulfill a legal obligation due to a serious illness or an unavoidable, significant misfortune. It acknowledged that certain circumstances beyond a person's control could prevent them from participating in legal proceedings or meeting deadlines.

Here are some examples illustrating the application of de malo:

• Example 1: Unexpected Illness of a Party

  Imagine a defendant in a civil lawsuit who is scheduled to appear for a crucial courthearing. The day before the hearing, they are suddenly hospitalized due to a severe and unexpected medical emergency. Their attorney could present this situation as a de malo excuse to the judge, requesting a postponement of the hearing because the defendant's illness makes their attendance impossible and unavoidable.

• Example 2: Unforeseen Travel Disruption for a Witness

  Consider a key expert witness who lives in a different country and is scheduled to provide testimony in a trial. On the day they are supposed to travel, a major natural disaster, such as a volcanic eruption, grounds all flights and closes borders in their region, making it physically impossible for them to reach the court. The attorney could invoke de malo to explain the witness's unavoidable absence and request a delay in their testimony or an alternative method for them to provide it.

• Example 3: Sudden Personal Emergency Affecting Legal Counsel

  A lawyer is diligently working to file an important legal brief with a strict court-imposed deadline. Just hours before the deadline, they receive urgent news of a sudden, critical family emergency that requires their immediate presence out of state. The lawyer might seek an extension from the court, citing de malo as the reason for their inability to meet the deadline due to this unforeseen and serious personal misfortune that prevents them from fulfilling their professional duty.