De bene esse

De bene esse

De bene esse is a Latin phrase meaning "of well being." In an American legal context, it means "conditionally," "provisionally," or "in anticipation of future need." It can also mean "A phrase applied to proceedings which are taken ex parte or provisionally and are allowed to stand as well done for the present." [1] It is also used to indicate that a deposition may be used in place of a witness' live testimony in court, rather than merely to discover what the witness has to say.

An appearance de bene esse is designed to permit a party to a proceeding to refuse to submit his person to the jurisdiction of the court unless it is finally determined that he has forever waived that right.[2] Such an appearance is therefore a special appearance designed to allow the accused to meet and discharge the contractual requirement of making an appearance, and at the same time, to refuse to submit to the jurisdiction of any alleged plaintiff (and therefore of the applicable court), unless and until some judicial department prosecutor makes all disclosures, specifically by producing a complaint of damage or injury, signed and verified by the injured party.

References

  1. ^ Black's Law Dictionary, 5th edition
  2. ^ Farmers Trust Co. v. Alexander, 6 A.2d 262, 265



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Look at other dictionaries:

  • bene esse — see esse 2 b …   Useful english dictionary

  • bene esse — See de bene esse …   Ballentine's law dictionary

  • de bene esse — de be·ne es·se /dē bē nē e sē, di ; dā be ne e se/ adj [Medieval Latin, literally, of well being (i.e., morally acceptable, but subject to legal validation)]: subject to future exception: conditional provisional depositions de bene esse Merriam… …   Law dictionary

  • de bene esse — ˌdāˌbenēˈesē adverb Etymology: Medieval Latin, literally, of well being : of sufficiency for the present : conditionally, provisionally used of various things done subject to future exception or avoidance (as the taking of testimony before trial… …   Useful english dictionary

  • de bene esse — /di bee nee es ee, dee, day bay nay es ay/, Law. of validity for the time being but subject to objection or nullification at a later date; provisionally: to take evidence de bene esse to ensure against its loss. [1595 1605; < ML de bene esse of… …   Universalium

  • De bene esse — De be ne es se [L.] (Law) Of well being; of formal sufficiency for the time; conditionally; provisionally. Abbott. [1913 Webster] …   The Collaborative International Dictionary of English

  • de bene esse — /diy biyniy esiy/da biyniy/. Conditionally; provisionally; in anticipation of future need. A phrase applied to proceedings which are taken ex parte or provisionally, and are allowed to stand as well done for the present, but which may be subject… …   Black's law dictionary

  • de bene esse — /diy biyniy esiy/da biyniy/. Conditionally; provisionally; in anticipation of future need. A phrase applied to proceedings which are taken ex parte or provisionally, and are allowed to stand as well done for the present, but which may be subject… …   Black's law dictionary

  • de bene esse — Of present, temporary validity; for what it is worth; conditionally; provisionally; subject to a defeasance of condition subsequent. See deposition de bene esse …   Ballentine's law dictionary

  • de bene esse, deposition — n. A deposition of a witness done just in case the witness cannot appear at trial, so that the litigant will have the testimony regardless. Also called examination de bene esse The Essential Law Dictionary. Sphinx Publishing, An imprint of… …   Law dictionary

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