Legal Definitions - dedimus potestatum

The Latin phrase dedimus potestatum, meaning "we have given the power," refers to a specific, often limited, authority granted to an individual. While considered an older term, its underlying concept of delegated power remains relevant in certain legal contexts.

Historically, and particularly in English law, dedimus potestatum could encompass various forms of delegated authority. In modern American law, its usage is more narrowly focused, typically referring to the power given by a court to someone to take the sworn testimony (a deposition) of a witness outside of the courtroom.

Here are some examples illustrating the concept of dedimus potestatum:

• Example 1 (American Law - Deposition):

  In a complex civil lawsuit where a crucial witness resides in a remote state and cannot travel, the court might issue a dedimus potestatum to a local attorney in that witness's jurisdiction. This grants the attorney the specific authority to administer an oath to the witness and formally record their sworn testimony, which will then be used as evidence in the main trial. This illustrates the court granting a specific, limited power to an individual to perform a legal act that would otherwise require a court officer.

• Example 2 (English Law - Administrative Task):

  An English court overseeing a large, intricate estate with beneficiaries scattered globally might issue a dedimus potestatum to a specialized probate researcher. This authority would empower the researcher to formally verify the identities and addresses of distant heirs, allowing the estate's executor to confidently distribute assets according to the will. This demonstrates a court delegating a specific, legally recognized administrative power to an individual to facilitate a judicial process.

• Example 3 (English Law - Client Delegation):

  An individual living abroad owns a property in England that is subject to a minor boundary dispute. They might grant a dedimus potestatum to their English solicitor, specifically authorizing the solicitor to negotiate and sign a settlement agreement on their behalf, but only within a pre-defined financial range and specific terms. This shows a precise, limited delegation of decision-making power from a client to their legal representative, recognized as a specific grant of authority under English legal principles.