Legal Definitions - venit et dicit

venit et dicit is a Latin phrase that translates to "comes and says." Historically, it was a formal opening used in legal documents, particularly in pleadings, to introduce a party's appearance before the court and their subsequent statement or declaration. It signifies the formal commencement of a party's submission, indicating that they are now formally presenting their case, response, or argument to the court. While less common in its original Latin form today, its essence persists in modern legal language, often appearing as phrases like "Now comes the plaintiff/defendant and states..." or "Plaintiff/Defendant respectfully submits..."

• Example 1: Plaintiff's Initial Complaint

  Imagine a software company, "Innovate Solutions Inc.," decides to sue a former employee for stealing trade secrets. When their attorney drafts the formal legal document to initiate the lawsuit, known as a complaint, it will typically begin with a formal introduction. This introduction might read: "Now comes the plaintiff, Innovate Solutions Inc., by and through its undersigned counsel, and respectfully states to the Court as follows..." This opening, though not using the exact Latin, embodies the "venit et dicit" principle by formally announcing the plaintiff's appearance and the commencement of their legal assertions and claims against the defendant.

• Example 2: Defendant's Formal Answer

  Consider a situation where Ms. Clara Jenkins has been sued for breach of contract. Her legal team must file a formal response to the allegations made against her, known as an "Answer." This document would typically open with a phrase like: "Comes now the defendant, Clara Jenkins, by and through her attorney, and for her Answer to the Complaint filed herein, states..." This clearly indicates that Ms. Jenkins is formally appearing before the court to respond to the lawsuit and is presenting her defense, directly reflecting the "comes and says" meaning of the term.

• Example 3: Filing a Specific Motion

  Suppose a defendant in a civil case believes that the plaintiff's lawsuit was filed too late, past the legal deadline (statute of limitations). The defendant's attorney would file a "Motion to Dismiss" based on this procedural issue. The motion would likely begin with a formal introduction such as: "Now comes the defendant, [Defendant's Name], by and through counsel, and moves this Honorable Court to dismiss the plaintiff's complaint, and in support thereof, states..." This opening formally presents the defendant's appearance and their specific request (to dismiss the case) to the court, illustrating the traditional function of "venit et dicit" in formally introducing a party's action and declaration.