Legal Definitions - non sum informatus

The term non sum informatus is a historical legal phrase originating from Latin, meaning "I am not informed." In past legal practice, it referred to a specific type of default judgment entered against a defendant.

This judgment would occur when a defense attorney formally declared to the court that they had not received any instructions from their client regarding how to respond to the lawsuit filed against them. Essentially, the attorney was unable to proceed with a defense because the client had failed to provide the necessary guidance or instructions, leading the court to rule in favor of the plaintiff by default.

• Example 1: The Absent Merchant

  Imagine in 19th-century England, a merchant named Mr. Davies was sued for failing to deliver goods as promised. He hired a solicitor, but before the deadline to file a defense, Mr. Davies unexpectedly left the country without informing his solicitor or providing any instructions on how to proceed with the case. Despite repeated attempts, the solicitor could not reach Mr. Davies. In this situation, the solicitor would have declared non sum informatus to the court, indicating they had no instructions from their client. This would likely result in a default judgment against Mr. Davies, forcing him to pay damages to the plaintiff.

• Example 2: The Unresponsive Landowner

  Consider a historical case where a wealthy landowner was sued over a boundary dispute with a neighboring estate. The landowner retained an attorney but then became completely unresponsive, ignoring letters, refusing to schedule meetings, and failing to provide any documents or details necessary for the attorney to prepare a defense. With the court's deadline approaching and no guidance from the client, the attorney would have been compelled to make a non sum informatus declaration. This would lead to a default judgment being entered against the landowner, likely ruling in favor of the neighboring estate.

• Example 3: The Incapacitated Defendant

  In an older legal system, suppose a defendant was sued for a debt. Shortly after the lawsuit was filed, the defendant suffered a severe illness that rendered them unable to communicate or make decisions for an extended period, making it impossible for them to provide instructions to their lawyer. The lawyer, despite their best efforts, could not obtain the necessary information or direction from their client to file a proper response. Facing the court's deadlines, the lawyer would have declared non sum informatus, resulting in a default judgment against the incapacitated defendant due to the lack of a formal defense.