Legal Definitions - personaliter

Personaliter is a Latin adverb meaning personally or in person. In a legal context, it emphasizes that an action must be carried out directly by the individual themselves, rather than through a representative, agent, or by proxy.

Here are some examples illustrating the application of personaliter:

• Service of Legal Documents: Imagine a court order stating that a subpoena must be served personaliter on a witness. This means the subpoena cannot simply be mailed or left with a family member; it must be physically handed directly to the witness themselves. This ensures the witness has direct notice of their obligation to appear.

• Required Court Appearance: In certain legal proceedings, a judge might order a party to appear personaliter for a specific hearing, such as a sentencing or a critical evidentiary session. This means the individual involved in the case, not just their attorney, must be physically present in the courtroom. The judge might want to address the party directly or observe their demeanor.

• Execution of Formal Documents: For highly sensitive legal documents, like a sworn affidavit or a last will and testament, the law might require the signatory to execute the document personaliter before a notary public or witnesses. This ensures that the individual directly signs the document in the presence of the required parties, confirming their identity and intent without any doubt about delegation or representation.