Legal Definitions - et ei legitur in haec verba

The Latin phrase et ei legitur in haec verba translates to "and it is read to him in these words." Historically, this phrase was used in legal records to formally document that a specific legal document or instrument was read aloud to a party involved in a court case, often at their request. This practice was particularly common when a defendant asked to hear the exact wording of a document upon which a claim against them was based, a request historically known as a "prayer of oyer." By recording "et ei legitur in haec verba," the court formally acknowledged that the document's contents were presented verbatim to the requesting party and became part of the official court record.

• Example 1: Contract Dispute Verification

  Imagine a scenario where a defendant is being sued for allegedly breaching a complex business contract. The defendant's attorney, wanting to ensure their client fully understands every clause and to verify the exact terms being cited by the plaintiff, formally requests that the entire contract be read aloud in court. The court clerk would then make an entry in the official record stating something like "et ei legitur in haec verba," followed by the full, verbatim text of the contract, thereby documenting that it was read to the defendant as requested.

  This example illustrates how the phrase was used to formally record that a crucial legal document (the contract) was read aloud to a party (the defendant) upon their request, making its precise wording an undeniable part of the court's official proceedings.

• Example 2: Promissory Note Examination

  Consider a historical debt collection case where a lender is suing a borrower based on a promissory note. The borrower's defense hinges on a specific condition they believe was part of the original note. To confirm the exact wording and conditions of the note, the borrower's legal representative makes a "prayer of oyer," asking the court to have the original promissory note read aloud to their client. The court's official minutes would then reflect this by including the phrase "et ei legitur in haec verba," followed by the complete text of the promissory note, confirming that it was read to the borrower.

  Here, the phrase signifies the formal act of reading a foundational legal instrument (the promissory note) to the defendant at their request, ensuring transparency and making the document's exact contents part of the court's permanent record.

• Example 3: Deed Challenge in a Property Dispute

  In a historical land ownership dispute, one party presents a deed as proof of their title. The opposing party, suspecting an alteration or misrepresentation in the deed's language, formally requests that the deed be read aloud in open court. This allows them to hear the exact wording and identify any discrepancies. The court's official record would then contain the entry "et ei legitur in haec verba," followed by the complete text of the deed, documenting that it was read aloud to the challenging party and officially entered into the court's proceedings.

  This demonstrates how the phrase was used to document the formal reading of a critical legal instrument (the deed) to a party in a dispute, ensuring that the document's exact contents were presented and recorded as part of the court's official record.