Legal Definitions - noviter perventa

The Latin term noviter perventa refers to newly discovered facts that come to light during the course of a legal proceeding. These are pieces of information, evidence, or circumstances that were not known or reasonably discoverable at an earlier stage of the case, such as when the initial formal arguments (known as pleadings) were submitted.

When such significant new facts emerge, legal systems often allow them to be introduced into the case, even if the usual deadlines for submitting evidence have passed. This principle ensures that a decision is based on the most complete and accurate information available, promoting fairness and justice.

Here are some examples illustrating noviter perventa:

• Commercial Contract Dispute: Imagine two companies are in a lawsuit over a breach of a complex software development contract. After both sides have filed their initial legal documents and exchanged most of their evidence, a former employee of one company discovers an old, unarchived server containing a series of internal emails. These emails reveal a critical change in the project's scope that was verbally agreed upon but never formally documented, fundamentally altering the understanding of the contract's terms and who was responsible for certain delays.

  This illustrates noviter perventa because the emails represent newly discovered facts that were not reasonably available earlier. Their content is highly relevant and could significantly impact the outcome of the contract dispute, justifying their late introduction into the case.

• Personal Injury Claim: A person sues a construction company after being injured by falling debris at a work site. The initial investigation and pleadings focus on the company's safety protocols. Months later, as the trial approaches, a bystander comes forward with a smartphone video they recorded of the incident. The video clearly shows a third-party subcontractor, not directly employed by the defendant company, was solely responsible for the faulty scaffolding that led to the debris falling.

  This illustrates noviter perventa because the video footage and the bystander's testimony are newly discovered facts. This crucial evidence was unknown and unavailable during the initial stages of the lawsuit and directly impacts the question of liability, making it permissible to introduce even at a late stage.

• Environmental Regulatory Hearing: A manufacturing plant is facing significant fines from an environmental agency for allegedly exceeding pollution limits based on initial monitoring reports. After the formal hearing process has begun and the plant has submitted its defense, new geological survey data from an unrelated regional study becomes available. This data indicates the presence of a previously unknown natural underground vent emitting the same pollutant, suggesting that a substantial portion of the measured emissions did not originate from the plant itself.

  This illustrates noviter perventa because the geological survey data constitutes newly discovered facts. This information was not available during the initial investigation or the plant's defense submission and directly challenges the basis of the environmental violation, making it essential for a fair determination by the regulatory body.