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Understanding Ex Instrumentis De Novo Repertis in Legal Context
Definition & Meaning
The term ex instrumentis de novo repertis is a Latin phrase that translates to "on account of documents newly or recently found." In legal contexts, it refers to the basis for modifying a legal decree or decision due to the discovery of new evidence or documents that were not previously available. This principle allows parties to seek a change in the outcome of a case when significant new information comes to light.
Table of content
Legal Use & context
This term is primarily used in civil law, particularly in cases involving appeals or motions to alter judgments. It can apply in various legal areas, including family law, property disputes, and contract law. When a party discovers new documents that could affect the outcome of a case, they may invoke this principle to request a reconsideration of a previous ruling. Users can manage related forms and procedures with resources like US Legal Forms, which provide templates drafted by legal professionals.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person involved in a child custody case discovers a previously unknown document that shows the other parent has a history of substance abuse. This new evidence could be grounds for modifying the custody arrangement.
Example 2: In a property dispute, a homeowner finds an old deed that proves their ownership of a piece of land that was previously disputed. They may use this document to request a change in the court's ruling regarding property rights. (hypothetical example)
State-by-state differences
State
Legal Context
California
Allows modification of judgments based on newly discovered evidence within a specific timeframe.
New York
Requires a showing that the new evidence could not have been discovered with reasonable diligence.
Texas
Permits modifications if the new evidence is material and relevant to the case outcome.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Motion for reconsideration
A request to a court to review and change its decision.
Ex instrumentis de novo repertis specifically involves new evidence.
Appeal
A request to a higher court to review a lower court's decision.
Appeals do not necessarily involve new evidence.
Common misunderstandings
What to do if this term applies to you
If you believe you have discovered new evidence that could affect a legal decision, consider the following steps:
Gather and review the new documents to ensure they are relevant.
Consult with a legal professional to assess your case and the potential for modification.
Explore US Legal Forms for templates that can help you file a motion or request based on newly discovered evidence.
In complex situations, seeking professional legal help is advisable.
Find the legal form that fits your case
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