Legal Definitions - ore tenus

Ore Tenus

The Latin phrase ore tenus translates to "by word of mouth." In legal practice, it refers to actions, statements, or presentations that are made orally rather than in writing.

• Oral Arguments or Presentations: This is the most direct application, referring to any legal proceeding or submission that is spoken aloud in court.
  • Example: During an appeal, a lawyer might present an ore tenus argument to the panel of judges, verbally explaining their legal points and answering questions directly, rather than relying solely on the written briefs previously submitted.
  • Explanation: This illustrates how complex legal positions can be articulated and debated verbally in a courtroom setting, emphasizing the spoken nature of the presentation.
• Oral Motions: A request made to a court during a hearing or trial that is spoken aloud by a lawyer, often for an immediate ruling, instead of being filed as a formal written document.
  • Example: In the middle of a trial, a defense attorney might make an ore tenus motion to exclude a piece of evidence, arguing verbally to the judge that it was obtained improperly. The judge would then hear arguments from both sides and make an immediate decision.
  • Explanation: This demonstrates how certain procedural requests can be made verbally in court, allowing for quick decisions on matters arising spontaneously during proceedings.
• The Ore Tenus Rule: This is a specific legal principle that often arises in appellate review. It refers to the deference that an appellate court gives to a trial court's findings of fact, particularly when those findings are based on the trial judge having directly heard and observed live testimony (ore tenus evidence).
  • Example: A trial judge presides over a divorce case where both spouses testify about the value of a shared business. The judge, having listened to their conflicting testimonies and observed their demeanor, makes a specific finding about the business's true worth. If one spouse appeals this decision, the appellate court, applying the ore tenus rule, will generally uphold the trial judge's factual finding on the business valuation unless it is clearly wrong, recognizing that the trial judge was in the best position to assess the credibility of the oral testimony.
  • Explanation: This illustrates how higher courts respect the trial judge's unique advantage of having directly heard the spoken evidence and assessed witness credibility, making it difficult to overturn factual findings based on such oral testimony.