Legal Definitions - profert in curia

Profert in Curia is a Latin legal phrase that translates to "he produces in court."

Historically, in common-law legal procedures, this term referred to a formal declaration made by a party (typically the plaintiff) within their initial legal pleading (known as a "declaration"). This statement asserted that they were either ready to present, or had already presented, a crucial written document—such as a contract, deed, or bond—that formed the very foundation of their lawsuit. It served as an assurance to the court and the opposing party that the essential evidence supporting their claim was available for inspection and verification.

Here are some examples illustrating the concept of profert in curia:

• Breach of Contract Lawsuit: Imagine a scenario where a business (the plaintiff) sues a supplier (the defendant) for failing to deliver goods as outlined in a written supply agreement. In their initial legal filing, the plaintiff would have historically included a statement of profert in curia regarding the supply agreement. This indicated to the court and the defendant that the plaintiff possessed the original written contract and was prepared to present it as the primary evidence supporting their claim of breach.

• Property Ownership Dispute: Consider a situation where an individual (the plaintiff) files a lawsuit to legally establish their rightful ownership of a specific piece of land, which is being contested by a neighbor (the defendant). The plaintiff's legal documents would have historically contained a profert in curia statement concerning the property deed. By making this declaration, they formally asserted their readiness to produce the official deed in court, thereby demonstrating that their claim to ownership was directly substantiated by this fundamental legal document.

• Debt Collection Based on a Promissory Note: Suppose a lender (the plaintiff) initiates a lawsuit against a borrower (the defendant) to recover an unpaid debt, which is evidenced by a promissory note signed by the borrower. In their formal demand for payment, the lender would have historically used profert in curia to indicate that they possessed the original promissory note. This declaration served as an assurance to both the court and the borrower that the written promise to pay, which was the core evidence of the debt, was available for examination and verification.