Legal Definitions - ex instrumentis de novo repertis

Ex instrumentis de novo repertis is a Latin legal phrase that historically meant "on account of documents newly or recently found." This term was used to describe a situation where a legal decision or decree might be altered or reconsidered because new, relevant documents came to light after the original judgment was made. While the specific Latin phrase is historical, the underlying principle—that newly discovered evidence can sometimes justify revisiting a past legal outcome—remains a fundamental concept in many modern legal systems.

Here are some examples illustrating this concept:

• Property Boundary Dispute: Imagine two neighbors, Mr. Henderson and Ms. Chen, who had a court case to determine the exact boundary line between their properties. The court made a ruling based on the existing deeds and surveys presented at the time. A year later, Ms. Chen is renovating an old shed on her property and discovers a dusty, meticulously drawn, and officially recorded survey map from 1920 hidden within a wall. This map clearly shows the boundary line in a way that significantly differs from the court's original decision and favors Ms. Chen's claim. Ms. Chen could potentially petition the court to reopen or alter the original judgment, arguing ex instrumentis de novo repertis, because this newly found, authoritative document was unknown and unavailable during the initial trial and could change the outcome of the boundary dispute.

• Inheritance and Will Contest: Consider a scenario where a wealthy individual passed away, and their estate was distributed according to a will dated 2005, which designated a distant cousin as the sole beneficiary. The court approved this distribution, and the estate was settled. Several months later, the deceased's former housekeeper, while cleaning out the attic of the estate, discovers a locked strongbox containing a more recent will, properly signed and witnessed, dated 2015. This later will leaves the entire estate to a local animal shelter. This 2015 will was unknown to all parties and the court during the initial probate process. The animal shelter could then seek to have the original probate decree altered or set aside ex instrumentis de novo repertis, presenting the newly found 2015 will as definitive evidence that changes the rightful beneficiaries of the estate.

• Business Contract Litigation: Suppose a software development company, "CodeCrafters," sued a client, "MegaCorp," for unpaid fees related to a custom software project. The court ruled in favor of MegaCorp, finding that CodeCrafters had failed to deliver certain features as specified in the contract. Months after the judgment, during an internal audit, an old email archive from MegaCorp's project manager is recovered. This archive contains a series of emails showing that MegaCorp had explicitly requested CodeCrafters to *omit* those specific features from the final delivery due to a change in MegaCorp's internal strategy, effectively waiving that part of the contract. These emails were not produced during the discovery phase of the original lawsuit and were unknown to CodeCrafters' legal team or the court. CodeCrafters could argue ex instrumentis de novo repertis to request a reconsideration of the judgment. The newly discovered emails serve as crucial evidence that directly contradicts the basis of the original ruling and could lead to a different outcome regarding the unpaid fees.