Legal Definitions - et hoc paratus est verificare

Et hoc paratus est verificare is a Latin legal phrase that translates to "And this he is prepared to verify."

Historically, this phrase was used in legal pleadings to signal that a party was introducing new facts or arguments into a case and was ready to provide evidence to prove them. When a party used this phrase, they were essentially stating, "I acknowledge certain existing facts, but I'm also adding new information that changes the situation, and I am ready to present proof to establish the truth of this new information." It indicated that the pleading contained "affirmative matter"—new facts or defenses that, if proven, would alter the outcome of the case, and the party was prepared to present evidence to support these new claims.

Here are some examples to illustrate this concept:

• Contract Dispute: Imagine a lawsuit where a company sues a client for breach of contract, claiming the client failed to pay for services. The client responds by admitting they didn't pay, but then introduces a new defense: the services provided were fundamentally flawed and did not meet the agreed-upon standards, thus excusing their non-payment. By concluding their response with a statement akin to et hoc paratus est verificare, the client is asserting that they are ready to present evidence—such as expert reports, emails, or witness testimony—to prove that the services were indeed defective.

• Property Dispute: Consider a situation where a neighbor sues another for trespassing, alleging the defendant built a fence on their property. The defendant might respond by admitting the fence is on the plaintiff's surveyed property line, but then asserts a new claim: they have acquired a legal right to that strip of land through adverse possession, having openly and continuously used it for many years without objection. By using a phrase like et hoc paratus est verificare, the defendant is declaring their readiness to provide proof, such as historical records, affidavits from long-term residents, or photographs, to establish their claim of adverse possession.

• Employment Termination: In an employment dispute, an employee might sue their former employer for wrongful termination. The employer, in their defense, might admit to terminating the employee but then introduce new information: the termination was justified due to the employee's repeated violations of company policy, which were thoroughly documented and communicated to the employee. By concluding their defense with the legal equivalent of et hoc paratus est verificare, the employer is indicating their preparedness to present evidence, such as disciplinary records, warning letters, or witness statements from supervisors, to substantiate their claim that the termination was for legitimate cause.