Legal Definitions - non memini

Non memini is a Latin legal phrase, primarily used in Scots law, meaning "I do not remember." It refers to a situation where a person, under oath or in a formal legal context, states that they have no recollection of a particular event, transaction, or detail.

In legal proceedings, particularly when a party is asked to swear an oath regarding a past event, claiming "non memini" can have significant consequences. If the court finds that the lack of memory is genuine, honest, and reasonable given the circumstances (for instance, if the event occurred a long time ago or was insignificant), it can be accepted. This acceptance might lead to a favorable outcome for the person making the claim, as their lack of memory means they cannot confirm or deny the disputed fact. However, if the event is recent, highly significant, or if other evidence suggests the person should remember, a claim of "non memini" may be viewed as evasive or a deliberate attempt to conceal the truth. In such cases, the court might treat it as if the person refused to answer or admitted the fact, leading to an unfavorable judgment against them.

• Example 1: Genuine Forgetfulness Regarding a Minor, Distant Event

  A retired antique dealer is called to testify in a civil case regarding the provenance of a small, inexpensive item sold over 25 years ago. When asked about the specific date and exact price of that particular sale, the dealer states, "I do not remember" (non memini), explaining that it was one of thousands of similar routine transactions over their long career.

  Explanation: The court would likely accept this non memini. Given the significant passage of time, the routine nature of the transaction, and the relatively low value of the item, it is entirely reasonable for someone to genuinely not recall such a specific detail. This honest lack of recollection would not be held against the retired dealer.

• Example 2: Reasonable Lack of Memory for an Insignificant Detail

  During a dispute over a minor car accident, a bystander who witnessed the event is asked under oath if they remember the exact brand of tires on one of the vehicles involved. The witness replies, "I do not remember" (non memini), as they were focused on the impact itself and not on such a specific, non-critical detail.

  Explanation: The court would likely accept this non memini. For most witnesses, the brand of tires on a vehicle involved in an accident is an insignificant detail that they would not typically observe or retain in their memory, especially when their attention was drawn to the more impactful aspects of the event.

• Example 3: Unreasonable or Unbelievable Claim of Forgetfulness

  A senior executive is asked under oath about a major strategic decision, involving a multi-million dollar investment, that was made during a board meeting just two months prior. The executive was a key participant in the discussion, and minutes of the meeting clearly record their active involvement. Despite this, the executive claims non memini regarding their specific vote or contributions to the decision.

  Explanation: In this scenario, the court would likely view the claim of non memini with extreme skepticism. A significant financial decision made so recently, with documented evidence of the executive's direct involvement, is something they would be expected to remember. The court might interpret this as an attempt to evade responsibility or conceal information, potentially treating it as if the executive had refused to answer or had confirmed an unfavorable fact.