Legal Definitions - profert

In legal proceedings, profert refers to a formal declaration made by a party in their written legal document (known as a "pleading") stating that they are producing or making available to the court and the opposing party a specific document that is central to their legal claim or defense.

Essentially, it's a way of saying, "Here is the crucial document I'm relying on; it's available for inspection." This practice ensures transparency and allows all parties to review the foundational instruments upon which a case is built.

• Example 1: Contract Dispute

  Imagine a software development company, "Tech Solutions," sues a client, "Global Innovations," for breach of contract, alleging that Global Innovations failed to pay for a completed project. In its initial lawsuit filing, Tech Solutions would include a profert, formally declaring that it is presenting the signed software development agreement to the court. This declaration makes the contract, which is the very basis of their claim, officially part of the record and available for review by Global Innovations and the judge.

• Example 2: Property Ownership Claim

  Consider a situation where a new homeowner, Ms. Chen, discovers that a neighbor is encroaching on her property. Ms. Chen decides to file a lawsuit to establish her property boundaries. In her legal complaint, she would make a profert of her property deed, stating that she is producing this official document that clearly outlines the legal description and boundaries of her land. This deed is the primary instrument she relies on to prove her ownership and the extent of her property.

• Example 3: Insurance Policy Claim

  Suppose Mr. Davies files a lawsuit against his insurance company after they deny his claim for damages to his home following a storm. In his complaint, Mr. Davies would include a profert, declaring that he is presenting his homeowner's insurance policy to the court. This action formally makes the insurance policy, which contains all the terms, conditions, and coverage details relevant to his claim, available for examination by the court and the insurance company.