Legal Definitions - si non omnes

Si non omnes is a Latin phrase that translates to "if not all." Historically, it referred to a legal writ or order that allowed a judicial proceeding to continue even if not every appointed judge or commissioner was present. This mechanism was vital for ensuring that legal cases and inquiries could proceed without unnecessary delays, provided that a sufficient number of judicial officers were available to form a valid court or commission.

Here are some examples illustrating the application of "si non omnes":

• Imagine a significant historical trial that, due to its complexity, was assigned to a panel of three judges. On the day the trial was scheduled to resume, one of the judges became unexpectedly ill and could not attend. Without the principle of "si non omnes," the entire trial might have been postponed, causing considerable delays for all parties involved. However, with "si non omnes" in effect, the remaining two judges could proceed with the trial, ensuring that the legal process continued without undue interruption, as long as their presence met the minimum requirement for a valid court.

• Consider a historical appellate court where a panel of five judges was designated to review a complex appeal. On the day set for oral arguments, one judge's travel was unexpectedly delayed due to severe weather, making it impossible for them to arrive on time. Rather than rescheduling the entire appellate hearing, which would inconvenience all parties and further delay a decision, the "si non omnes" writ would have permitted the remaining four judges to hear the arguments and deliberate on the case. This ensured that justice was not stalled by the unforeseen absence of a single member of the judicial panel.

• Picture a special commission established in the past to investigate a matter of public importance, with several prominent individuals appointed as commissioners. If, on a crucial day for gathering evidence or making a decision, one or two commissioners were unable to attend due to other pressing duties or unforeseen circumstances, the "si non omnes" principle would have authorized the present commissioners to continue with the commission's work. This prevented the entire investigative process from being halted by the absence of a minority of its members, allowing the commission to fulfill its mandate efficiently.