Legal Definitions - paratum habeo

Paratum habeo is a historical legal phrase, originating from Latin, meaning "I have him in readiness." In past legal practice, it was a specific report made by a sheriff or other law enforcement officer to a court. This report indicated that an individual, typically a defendant who was subject to an arrest warrant (such as a capias ad respondendum, a writ to compel appearance in court), had been successfully apprehended and was prepared to be presented before the court. Essentially, it confirmed that the officer had taken the person into custody and could produce them as required by the court.

• Example 1: Civil Debt Case
  A local merchant, Mr. Henderson, was sued for an unpaid debt. After being properly summoned, he failed to appear in court to answer the allegations. The court then issued a capias ad respondendum, a warrant instructing the sheriff to bring Mr. Henderson before the court. The sheriff's deputies located Mr. Henderson, took him into custody, and subsequently filed a return with the court stating "paratum habeo."

  Explanation: This example illustrates "paratum habeo" as the sheriff's official notification to the court that Mr. Henderson, the defendant, had been apprehended and was now "in readiness" to be brought before the judge to address the debt lawsuit.

• Example 2: Failure to Appear in a Property Dispute
  Ms. Rodriguez was ordered to appear in court for a hearing related to a boundary dispute over her property, but she did not show up on the appointed date. The judge, needing her presence to proceed, issued a warrant for her arrest to compel her appearance. After a search, the sheriff's office successfully apprehended Ms. Rodriguez. The sheriff then informed the court, using the historical phrase "paratum habeo," indicating that she was now in custody and ready to be brought before the judge for the property hearing.

  Explanation: Here, "paratum habeo" signifies the sheriff's report that Ms. Rodriguez, who had previously evaded the court's order, was now secured and prepared to fulfill her obligation to appear, having been taken into custody.

• Example 3: Historical Criminal Accusation
  In 18th-century England, a local squire, Sir Reginald, was accused of poaching on a neighboring estate. He initially ignored the court summons to answer the charge. Consequently, a warrant was issued for his arrest. After a brief search, the sheriff's men found Sir Reginald at his country estate and took him into custody. The sheriff then formally reported to the court, "paratum habeo," confirming that Sir Reginald was secured and available for his court appearance to face the poaching accusation.

  Explanation: This historical example demonstrates "paratum habeo" as the sheriff's formal declaration to the court that the accused individual, Sir Reginald, had been successfully apprehended and was "in readiness" to be presented for judicial proceedings.