Understanding Prout Patet Per Recordum: Its Legal Implications

Definition & Meaning

The phrase "prout patet per recordum" is a Latin term that translates to "as appears by the record." It is often abbreviated as "prout & c." This term is primarily used in legal documents to indicate that a particular fact is substantiated by existing documentary evidence. Proper usage of this phrase is crucial; incorrect application can lead to significant legal issues, including the potential failure of a case.

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Real-world examples

Here are a couple of examples of abatement:

For instance, in a civil lawsuit regarding property ownership, a party may state, "The defendant is the rightful owner of the property, prout patet per recordum," referencing the deed recorded in the county clerk's office. This indicates that the claim is backed by official documentation.

(hypothetical example) In a family law case, a parent may assert custody rights by stating, "The court previously granted visitation rights, prout patet per recordum," thereby referencing the court's prior ruling.

State-by-state differences

Examples of state differences (not exhaustive):

State Variations in Use
California Commonly used in civil litigation to support claims.
New York Frequently appears in family law cases to reference prior court records.
Texas Less common in criminal cases but still relevant in civil proceedings.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Prout Patet Per Recordum Indicates that a fact is supported by a record. Specifically references documentary evidence.
Res Judicata A legal doctrine preventing re-litigation of cases. Focuses on finality of judgments rather than evidence.
Estoppel A legal principle that prevents a party from arguing something contrary to a claim. Involves preventing contradictions rather than supporting evidence.

What to do if this term applies to you

If you find that "prout patet per recordum" applies to your situation, ensure that you have the necessary documentation to support your claims. Consider using US Legal Forms' templates to help you draft your legal documents accurately. If your case is complex or involves significant legal stakes, consulting with a legal professional is advisable.

Quick facts

Attribute Details
Common Use Pleadings in civil and family law
Abbreviation Prout & c.
Potential Consequences of Misuse Legal defects, case failure

Key takeaways

Frequently asked questions

It means "as appears by the record," indicating that a fact is supported by documented evidence.