Legal Definitions - Nihil dicit

Nihil dicit

The legal term Nihil dicit is Latin for "he says nothing." In the context of a lawsuit, it refers to a situation where a defendant fails to formally respond to the allegations made against them by the plaintiff within the time period allowed by law. When a defendant offers no answer or defense, the court may consider the plaintiff's claims as undisputed, often leading to a judgment in favor of the plaintiff without a full trial. This is similar to a "default judgment" where the defendant has failed to appear or respond.

Here are some examples illustrating how Nihil dicit applies:

• Imagine a small business owner, Sarah, who is sued by a supplier for an unpaid invoice. Sarah receives the official court summons and complaint but is overwhelmed with other business issues and decides to simply ignore the legal documents, hoping the problem will resolve itself. Because Sarah "says nothing" by failing to file a formal answer with the court within the specified deadline, the court could enter a Nihil dicit judgment against her, meaning the supplier would likely win the case without having to prove their claims in a trial.

• Consider a situation where a tenant, Mark, is sued by his former landlord for significant property damage beyond normal wear and tear. Mark has moved out of the state and, upon receiving the lawsuit documents, decides it's too much hassle to find a lawyer or respond from a distance. His deliberate inaction and failure to file any defense or counter-arguments with the court would constitute a Nihil dicit scenario. The landlord could then ask the court for a judgment based on Mark's failure to respond, potentially leading to an order for Mark to pay for the damages.

• Suppose a software company, "Tech Solutions Inc.," is sued by a client for breach of contract, alleging that the software delivered was faulty and caused significant financial losses. The company's legal department receives the complaint but, due to an internal miscommunication, fails to assign the case to a lawyer or file a response by the court-mandated deadline. This oversight, where the defendant company "says nothing" in its defense, would be a Nihil dicit situation. The court could then rule in favor of the client, holding Tech Solutions Inc. liable for the alleged damages without a full hearing on the merits of the case.