Legal Definitions - instrumenta noviter reperta

Instrumenta noviter reperta is a historical legal Latin term that translates to "instruments newly discovered." It refers to documents, records, or other forms of evidence that come to light after a legal proceeding has concluded, a judgment has been rendered, or a decision has been made. The discovery of such new instruments could potentially provide grounds to reopen a case or challenge a previous ruling.

• Example 1: Inheritance Challenge

  Imagine a family that has already gone through the probate process and distributed an estate based on a will that was believed to be the most recent. Several years later, while cleaning out an old attic, a family member discovers a hidden compartment containing a newer, previously unknown will. This newly found will is an instrumentum noviter repertum. Its discovery could lead to a legal challenge, as the new document might significantly alter the intended distribution of assets, potentially requiring the original probate decision to be revisited.

• Example 2: Property Ownership Dispute

  Consider a long-standing dispute between two neighbors over a shared property line, which was eventually settled by a court based on existing deeds and survey maps. Years later, a local historical society unearths a collection of very old town records, including an original land grant document from the 1800s that clearly defines the boundary in a way that contradicts the court's previous ruling. This ancient land grant is an instrumentum noviter repertum because it is a newly discovered piece of evidence that was unavailable during the initial legal proceedings and could now prompt a re-evaluation of the property lines.

• Example 3: Historical Claim for Damages

  Suppose a group of individuals is pursuing a claim for historical damages against a corporation, but their case is weak due to a lack of direct evidence linking the corporation to specific harmful actions. During an unrelated archival research project, a historian uncovers a series of internal corporate memos and financial ledgers from the relevant period that explicitly detail the corporation's involvement in the very activities causing the harm. These newly discovered corporate documents are instrumenta noviter reperta, as they provide crucial, previously unknown evidence that could significantly strengthen the claimants' case and potentially lead to a different outcome.