Legal Definitions - latitatio

Latitatio

In legal terms, latitatio refers to the deliberate act of hiding or concealing oneself, particularly to evade legal proceedings, arrest, or the service of legal documents. It signifies an intentional effort to avoid detection by authorities or parties involved in a legal dispute.

Here are some examples to illustrate this concept:

• Example 1: Evading a Lawsuit

  Imagine a business owner who is being sued for breach of contract. To prevent the lawsuit from progressing, the owner intentionally avoids being present at their known business and residential addresses, instructing employees to deny their presence to anyone attempting to deliver legal papers. This deliberate evasion of being served with the lawsuit documents constitutes latitatio, as the owner is actively hiding to avoid the legal process.

• Example 2: Fleeing Before Trial

  Consider a person who has been charged with a serious crime and released on bail, awaiting their trial date. A week before the trial is set to begin, the individual disappears from their last known residence, stops using their phone, and makes no contact with their lawyer or family, effectively going into hiding to avoid appearing in court. This act of concealment to escape trial is an instance of latitatio.

• Example 3: Avoiding a Subpoena

  A key witness in a high-profile court case is issued a subpoena, compelling them to testify. However, the witness, fearing repercussions or simply wishing to avoid involvement, suddenly moves to an undisclosed location, changes their contact information, and makes themselves unreachable to the court and the attorneys involved. This intentional concealment to avoid fulfilling a legal obligation to testify demonstrates latitatio.