Legal Definitions - in perpetuam rei memoriam

In perpetuam rei memoriam is a Latin phrase that translates to "in perpetual memory of a matter." In legal practice, this term refers to a specific type of deposition or testimony taken and formally recorded for the express purpose of preserving that evidence indefinitely. It is typically used when there is a significant risk that a crucial witness's testimony might otherwise be lost before a trial or hearing can occur, perhaps due to the witness's advanced age, illness, or impending unavailability.

The goal is to ensure that vital information is captured and can be presented in court at a later date, even if the original witness is no longer able to testify in person.

• Example 1: Elderly Witness in a Property Dispute

  Imagine a complex property boundary dispute involving land that has been in families for generations. A 95-year-old woman is the only living person who can provide firsthand accounts of historical agreements and landmarks that define the property lines. A lawsuit is anticipated, but it could take years to resolve. To prevent the loss of her invaluable testimony, her deposition would be taken in perpetuam rei memoriam.

  This illustrates the term because her testimony is formally recorded and preserved due to her advanced age and the uncertainty of her future availability. Her account will be available for use in court, even if she passes away before the trial concludes.

• Example 2: Key Witness Relocating Internationally

  Consider a patent infringement case where a former lead engineer for a technology company possesses critical knowledge about the design and development of the patented product. This engineer has accepted a new job overseas and plans to relocate permanently in a few months, making it highly impractical for them to return for a trial that might be scheduled years in the future.

  In this scenario, the engineer's deposition would be taken in perpetuam rei memoriam. This ensures that their detailed technical testimony, which is crucial to the case, is preserved and can be presented as evidence in court, regardless of their future geographic location.

• Example 3: Witness with a Terminal Illness in a Medical Malpractice Case

  In a medical malpractice lawsuit, a nurse who was present during a critical surgical procedure has been diagnosed with a rapidly progressing terminal illness. This nurse has unique and direct observations about the events leading up to and during the alleged malpractice, which are vital to the plaintiff's case.

  Because the nurse's health is deteriorating quickly, their testimony is taken in perpetuam rei memoriam. This action ensures that their crucial eyewitness account is formally documented and preserved, allowing it to be used as evidence in court even if they are no longer able to testify in person when the trial eventually takes place.