The term "de bene esse" is derived from Latin and translates to "of well-being." In legal contexts, it refers to actions or decisions made conditionally, allowing them to be valid for the time being. This concept is often applied in situations where a party appears in court without fully submitting to the court's jurisdiction, pending a future determination on jurisdictional objections.
De bene esse is commonly used in various legal fields, including civil, criminal, and family law. It is particularly relevant in cases where a witness may become unavailable for future proceedings, such as due to illness or relocation. In these instances, a de bene esse deposition may be utilized, allowing for the preservation of a witness's testimony through video recording for later use in court. Users can manage these processes with the help of legal templates from US Legal Forms, which are designed by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A witness in a civil trial is diagnosed with a serious illness and may not be able to attend the trial. The court allows a de bene esse deposition, where the witness's testimony is recorded on video for future use.
Example 2: A party involved in a family law case is currently living abroad and cannot attend court. They may appear de bene esse to fulfill their obligation without waiving their right to contest jurisdiction. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Allows de bene esse depositions in family law cases under specific conditions. |
| New York | Requires a court order for de bene esse depositions in civil cases. |
| Texas | Permits de bene esse depositions but has specific rules regarding notice and attendance. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Provisional | Temporary arrangements pending a final decision. | Provisional often refers to temporary orders, while de bene esse specifically relates to conditional actions. |
| Conditional | Dependent on certain conditions being met. | Conditional actions may not involve court appearances, whereas de bene esse specifically pertains to legal appearances. |
If you find yourself needing to utilize the concept of de bene esse, consider the following steps:
If your situation is complex, seeking professional legal assistance is advisable.
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A de bene esse deposition is a recorded testimony taken to preserve a witness's statements for future use in court.