Legal Definitions - in tempus indebitum

In tempus indebitum is a Latin legal phrase that translates to at an undue time or at an inappropriate time. It refers to an action, event, or demand that occurs prematurely, out of sequence, or before the proper conditions have been met, making it legally or procedurally improper.

Here are some examples illustrating this concept:

• Contractual Obligations: Imagine a software development company that has a contract to deliver a new application to a client. The contract specifies that the final payment is due only after the client has conducted user acceptance testing and formally approved the software. If the software company demands the final payment before the client has completed their testing and given approval, that demand would be considered in tempus indebitum. The payment is being sought at an undue time, as the contractual conditions for its release have not yet been satisfied.

• Court Proceedings: In a criminal trial, there are strict rules about when certain motions can be filed or when evidence can be introduced. If a defense attorney attempts to introduce a crucial piece of evidence during the closing arguments, without having disclosed it to the prosecution or the court during the discovery phase or earlier in the trial, that action would likely be deemed in tempus indebitum. The timing is inappropriate and unfair to the opposing side, disrupting the orderly process of the trial and potentially prejudicing the outcome.

• Administrative Law: Consider a company applying for a permit to operate a new chemical plant. The regulatory body requires a comprehensive environmental impact assessment to be submitted and approved before any construction can begin. If the company starts clearing land and laying foundations for the plant immediately after submitting their application, but before receiving official approval for the environmental assessment, their construction activities would be in tempus indebitum. They are acting prematurely, undertaking a significant step before the legally mandated conditions and approvals are in place.