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Legal Definitions - incipitur
Definition of incipitur
The term incipitur refers to a historical legal practice involving the formal recording of the commencement of a legal document or action within official court records.
Historically, when a legal pleading, such as a complaint or an answer, was presented to the court, the act of officially noting its initial entry onto the court's roll or ledger was known as an incipitur. This marked the formal beginning of that document's existence within the court system's official record.
- Example 1: Filing a Lawsuit
Imagine a scenario in a historical court where a plaintiff wished to initiate a lawsuit. They would present their formal complaint to the court clerk. The moment the clerk officially began to transcribe or note the essential details of this complaint—such as the names of the parties involved and the date of submission—onto the court's official parchment roll, that act constituted an incipitur. It signified the formal commencement of the lawsuit's record within the court's system.
- Example 2: Defendant's Formal Response
After a plaintiff's complaint was recorded, the defendant would be required to submit their formal reply, often called an "answer." When the defendant's legal representative presented this answer to the court, the clerk's action of officially marking the initial entry and details of this response onto the court roll was also an incipitur. This act formally acknowledged the defendant's participation and the beginning of their documented defense within the ongoing legal proceedings.
- Example 3: Recording a Court Order
Even for significant judicial actions, such as the issuance of a new court order or a formal judgment, the initial step of officially recording the commencement of that order's details into the court's official ledger or roll was considered an incipitur. This formal entry ensured that the court order or judgment was officially recognized as having begun its existence within the court's permanent historical record, making it legally binding and trackable.
Simple Definition
Incipitur is a historical Law Latin term meaning "it is begun." It refers to the past practice of formally recording the commencement, or beginning, of a legal pleading onto the court's official rolls or records.