Legal Definitions - et modo ad hunc diem

et modo ad hunc diem is an archaic Latin phrase that translates to "and now at this day." In historical legal practice, it was a formal declaration used at the beginning of a court record to signify that a party was making an official appearance before the court, or that a legal proceeding was being formally postponed or continued from that specific date. It essentially marked the current status or action being taken in a case at the time the record was made.

• Example 1 (Formal Appearance of Counsel): Imagine a legal document from the 18th century concerning a land dispute. If a lawyer for one of the parties was formally presenting themselves to the court for the first time in that particular case, the court clerk might begin the record of that day's proceedings with, "et modo ad hunc diem, comes John Smith per attornatum suum..." (and now at this day, comes John Smith by his attorney...). This phrase would formally establish that the attorney was officially entering an appearance for John Smith on that specific date.

  Explanation: This illustrates the term as the formal beginning of an entry of appearance, marking the precise moment the attorney's representation was acknowledged and recorded by the court.

• Example 2 (Granting a Continuance): Consider a criminal trial from the 19th century where the defense attorney requests a delay to gather additional witness testimony. If the judge grants this request, the court's minutes might state, "et modo ad hunc diem, upon motion of counsel for the defendant, the cause is continued until the next term of court..." This signifies that the decision to postpone the trial was made and officially recorded on that specific day.

  Explanation: Here, "et modo ad hunc diem" marks the formal commencement of a continuance, indicating that the case's postponement was officially ordered and noted on that particular date.

• Example 3 (Defendant Brought Before Court): In an even older context, such as a record of an arraignment (where charges are read to a defendant). If a person accused of a crime was formally brought before the judge to hear the charges, the court record might start, "et modo ad hunc diem, comes the defendant, Mary Jones, in propria persona..." (and now at this day, comes the defendant, Mary Jones, in her own person...). This would formally document Mary Jones's physical presence and appearance before the court on that specific day.

  Explanation: This example shows the phrase being used to formally record a party's physical appearance before the court, marking the official start of their presence in the proceedings on that particular day.