Legal Definitions - N.E.I.

N.E.I. stands for the Latin phrase NON EST INVENTUS, which literally translates to "is not found."

In legal contexts, NON EST INVENTUS is used to indicate that a person could not be located after diligent efforts to find them. This often arises when authorities or legal representatives attempt to serve legal documents, execute a warrant, or compel someone's appearance in court, but are unsuccessful in physically locating the individual.

Here are a few examples to illustrate this concept:

• Example 1: Serving a Lawsuit

  Imagine a company attempting to sue a former employee for breach of contract. The company's attorney hires a process server to deliver the legal papers (the summons and complaint) to the former employee. After several attempts to serve the documents at the employee's last known address, workplace, and other potential locations, the process server is unable to find the individual. The process server would then file a return of service with the court, indicating "NON EST INVENTUS," meaning the defendant could not be found for service. This might then lead the court to consider alternative methods of service, such as publication.

• Example 2: Executing an Arrest Warrant

  A court issues an arrest warrant for an individual who failed to appear for a scheduled hearing. Police officers attempt to locate the person at their registered address, contact known associates, and check common hangouts. If, after a thorough search, the individual cannot be found, the police report might note "NON EST INVENTUS" regarding the warrant's execution. The warrant remains active, but the immediate attempt to apprehend the person was unsuccessful due to their absence.

• Example 3: Locating a Witness

  During a criminal trial, the prosecution needs a key witness to testify. A subpoena is issued, compelling the witness to appear. However, when investigators try to deliver the subpoena and ensure the witness's presence, they discover the witness has moved without leaving a forwarding address and cannot be reached by phone or other means. The court might be informed that the witness is "NON EST INVENTUS," which could impact the trial's proceedings or lead to further efforts to locate the individual.