Legal Definitions - non est inventus

Non est inventus is a historical Latin legal term that translates to "he is not found." It was traditionally used in a sheriff's official report to the court, indicating that an individual named in a legal order, such as an arrest warrant or a summons to appear, could not be located within the sheriff's geographical area of authority. This return informed the court that the legal action, like an arrest or the delivery of legal documents, could not be completed because the person was absent or could not be found.

Here are some examples illustrating the application of non est inventus:

• Imagine a court issues an arrest warrant for a person accused of a minor offense. The local sheriff's deputies attempt to execute the warrant by visiting the individual's last known residence, workplace, and other places they frequent. After thorough searching within their county, they are unable to locate the person. The sheriff would then file a return with the court stating "non est inventus," signifying that the accused could not be found within their jurisdiction, and therefore the arrest warrant could not be executed.

• Consider a situation where a plaintiff files a lawsuit against a defendant for breach of contract. The court issues a summons, requiring the defendant to appear in court. The sheriff's office is tasked with serving these legal papers to the defendant. Despite multiple attempts at various addresses and times, the sheriff's deputies cannot find the defendant to deliver the summons. In this scenario, the sheriff would report "non est inventus" to the court, indicating that the defendant was not found and thus could not be formally notified of the lawsuit.

• Suppose a critical witness is required to testify in a trial, and the court issues a subpoena compelling their attendance. The sheriff's department is responsible for ensuring the witness receives this subpoena. However, the witness has unexpectedly moved out of state, and their current whereabouts are unknown to the authorities. After exhausting all reasonable efforts to locate the witness within their county, the sheriff would inform the court with a "non est inventus" return, explaining that the witness could not be found and therefore could not be served with the subpoena.