Legal Definitions - non est

Non est is a shortened form of the Latin legal phrase non est inventus, which translates to "he is not found" or "it is not found." This term is used in legal proceedings when an authorized officer, such as a sheriff or a professional process server, is unable to locate an individual to deliver official legal documents, like a summons, subpoena, or court order. When such an attempt is unsuccessful, the officer makes a formal return to the court stating that the person could not be found within their jurisdiction. This declaration is known as a return of non est inventus.

Here are some examples to illustrate this concept:

• Civil Lawsuit Notification: Imagine a small business suing a former client for an unpaid debt. The business's attorney prepares a summons and complaint, which must be formally delivered to the former client to notify them of the lawsuit. A professional process server attempts to deliver these documents to the client's last known address and workplace but cannot locate them after multiple diligent attempts. The process server then files a report with the court stating that the defendant could not be found. This report would be considered a return of non est inventus, indicating that the legal documents could not be served because the individual was not found.

• Witness Subpoena in a Criminal Case: In a criminal trial, the prosecution needs a key witness to testify. The court issues a subpoena, which is a legal order compelling the witness to appear. A sheriff's deputy is assigned to serve this subpoena. Despite checking the witness's home, contacting known associates, and visiting potential workplaces, the deputy is unable to locate the witness within the county. The deputy would then inform the court that the witness was "not found," making a return of non est inventus. This means the court cannot proceed with the assumption that the witness has been properly notified to appear.

• Family Law Proceedings: Consider a situation where one parent files a motion to modify child support and needs to serve the other parent with the legal papers. The filing parent's attorney hires a process server to deliver the documents. The process server tries several addresses, including the other parent's last known residence and the address of a family member, but receives no information about their current whereabouts and cannot physically locate them. After exhausting all reasonable efforts, the process server would file a declaration with the court indicating a non est inventus return, signifying that the other parent could not be found for service of the legal documents. The court might then consider alternative methods of service, such as service by publication.