Legal Definitions - similiter

In common-law legal proceedings, similiter refers to a formal statement made by one party to explicitly accept an issue of fact or an argument that has been put forward by the opposing party. It signifies a formal agreement on a specific point, indicating that this particular fact or argument is now a shared basis for moving the case forward. Essentially, a similiter helps to narrow the scope of a legal dispute by confirming what facts or arguments are no longer contested, thereby focusing the court's attention on the remaining disagreements.

• Example 1 (Contract Dispute):

  A software development company (Plaintiff) sues a client (Defendant) for non-payment of the final installment on a custom software project. The client's initial defense might have been that the software was buggy and incomplete. However, after reviewing the contract and project logs, the client's lawyers might formally respond, "We admit that the final installment was not paid, and we are ready to argue whether the software's defects justified withholding payment." If the software company then files a similiter, they are formally accepting the client's admission that the payment was withheld. This means the court no longer needs to determine if the payment was withheld; that fact is now agreed upon. The trial would then focus solely on whether the software's defects legally justified the non-payment.

• Example 2 (Property Boundary Dispute):

  Two neighbors are in a dispute over a shared driveway. Neighbor A sues Neighbor B, asserting that Neighbor B has been parking their car on a section of the driveway that legally belongs to Neighbor A. Neighbor B's legal team might respond, "We acknowledge that our client has been parking on the disputed section of the driveway, and we are prepared to present evidence that our client has a long-standing right to do so through adverse possession." If Neighbor A then files a similiter, they are formally agreeing to Neighbor B's admission about parking on that specific section. The court would then proceed with the understanding that the parking did occur as alleged. The legal battle would then center exclusively on whether Neighbor B's claim of adverse possession is legally valid, rather than disputing the physical act of parking.

• Example 3 (Debt Collection):

  A bank (Plaintiff) sues a borrower (Defendant) to recover an outstanding loan balance. The bank's initial complaint states the borrower owes $50,000. The borrower's initial response might dispute the exact amount, claiming some payments were not credited. However, after reviewing bank statements and their own records, the borrower's attorney might file a formal response stating, "We admit that the outstanding balance on the loan is $50,000, and we are prepared to argue that the loan agreement itself is unenforceable due to predatory lending practices." If the bank then files a similiter, they are formally accepting the borrower's admission regarding the $500,000 balance. This means the amount owed is no longer a contested fact. The court's proceedings would then focus entirely on the borrower's defense concerning the enforceability of the loan agreement, streamlining the trial by removing the need to prove the specific debt amount.