Legal Definitions - relicta verificatione

Relicta verificatione is a historical legal term that refers to a specific action taken by a defendant in a lawsuit. It occurs when a defendant withdraws their previously filed defense or "plea" and, simultaneously, agrees to have a judgment entered against them by the court. In essence, the defendant abandons their attempt to dispute the plaintiff's claim and accepts liability, allowing the court to issue a ruling in favor of the plaintiff without further litigation on the merits of the defense.

• Imagine a small construction company, "BuildRight Inc.," is sued by a client for alleged delays and cost overruns on a project. Initially, BuildRight Inc. files a defense, arguing that the delays were due to unforeseen site conditions and client-requested changes. However, after reviewing internal project logs and emails during the discovery phase, the company's legal team realizes their defense is weaker than anticipated and that continuing to fight would incur significant legal fees with a high risk of losing. To mitigate further costs and potential penalties, BuildRight Inc. decides to withdraw its initial defense and agree to pay a negotiated settlement amount, which the court then formalizes as a judgment.

  This scenario illustrates relicta verificatione because BuildRight Inc. abandons its verification (its initial defense against the claims) and instead accepts a judgment against it, effectively conceding the case.

• Consider a situation where an individual, Ms. Chen, is sued by a neighbor for property damage caused by a tree falling from Ms. Chen's yard during a storm. Ms. Chen initially files a response denying negligence, claiming the tree was healthy and the storm was an "act of God." However, during the pre-trial investigation, it's discovered that Ms. Chen had received multiple warnings from an arborist about the tree's deteriorating health, which she had ignored. Faced with this strong evidence, Ms. Chen's lawyer advises her that her defense is no longer viable. To avoid a lengthy trial and potentially higher damages, Ms. Chen agrees to withdraw her defense and allow the court to enter a judgment for the cost of the damages.

  Here, Ms. Chen performs a relicta verificatione by withdrawing her pleading (her denial of negligence) and consenting to a judgment that holds her liable for the property damage.