Legal Definitions - in communi forma

The Latin legal phrase in communi forma translates to "in common form" or "in general form." It refers to following a standard, usual, or ordinary procedure, or using a typical, widely accepted document format, rather than a specialized, unique, or tailored one.

Historically, this term distinguished between legal actions or documents that adhered to established, routine practices and those that required specific, customized approaches due to unusual circumstances or complex requirements.

• Example 1: Drafting a Will

  Imagine an individual who wishes to create a will. If they have a straightforward estate and want to leave all their assets to their spouse and children in equal shares, they might use a basic, standard will template. This would be considered a will drafted in communi forma because it follows a widely accepted, general structure for simple estates. In contrast, if they had complex business interests, wanted to establish specific trusts for beneficiaries with special needs, or had unique charitable bequests, their will would require highly customized language and structure, moving beyond the common form into a specialized document.

• Example 2: Court Filings

  A lawyer needs to file a routine document with the court, such as a motion to extend a deadline for submitting evidence. Many courts provide standard forms or widely accepted templates for such common procedural requests. Filing this motion using one of these standard templates, with only the necessary case-specific details filled in, would be an action taken in communi forma. However, if the lawyer were filing an extraordinary writ or a highly complex legal brief arguing a novel point of law, they would need to draft a document with unique arguments, structure, and content, which would not be considered "in common form" but rather a specialized pleading.