17.3 Latin Terminology I: Procedure, Courts & Parties
Key Takeaways
Sua sponte means the court acts on its own initiative, without a motion from a party.
Ex parte means with only one party present or on one party's application; in camera means in the judge's chambers or in private.
A motion in limine ("at the threshold") asks the court before or during trial to rule on the admissibility of evidence.
Pro se means representing oneself; pro hac vice ("for this occasion") admits an out-of-state lawyer for one case.
Latin terms common in legal writing are typed in roman (not italic) type in transcripts, following the Bluebook practice.
Latin terms arrive fast, often mispronounced, and they are easy to misspell. Know the meaning, the spelling and the usual context. Remember the italics rule from Chapter 10: Latin commonly used in legal writing is typed in roman type, not italics.
Court action and procedure
| Term | Literal meaning | Legal meaning | Where you hear it |
|---|---|---|---|
| sua sponte | of its own accord | The court acts on its own, without a party's motion | "The Court raises this sua sponte." |
| ex parte | from one side | With only one party present or on one party's request | Emergency TRO applications; improper ex parte contact with a judge |
| in camera | in chambers | In private, in the judge's chambers or with the courtroom closed | Reviewing privileged documents |
| in limine | at the threshold | A pretrial (or mid-trial) request to admit or exclude evidence | "motion in limine" |
| de novo | anew | Fresh review with no deference to the earlier decision | Appellate standards of review |
| nunc pro tunc | now for then | An order that takes effect retroactively, usually to correct the record | "entered nunc pro tunc to March 1" |
| sine die | without a day | Adjourned with no date to resume | "adjourned sine die" |
| sub judice | under a judge | Pending before a court | "the matter is sub judice" |
| pendente lite | pending the litigation | Temporary relief during a case | Temporary support orders in divorces |
| lis pendens | a pending suit | A recorded notice that property is subject to litigation | Real estate cases |
Writs and appellate terms
| Term | Meaning |
|---|---|
| habeas corpus ("you have the body") | A writ challenging unlawful detention; federal post-conviction petitions under 28 U.S.C. §§ 2241, 2254, 2255 |
| certiorari ("to be informed") | A higher court's order to review a case; the U.S. Supreme Court grants or denies "cert" |
| mandamus ("we command") | A writ ordering an official or lower court to perform a duty |
| per curiam ("by the court") | An opinion issued by the court as a whole, unsigned |
| amicus curiae ("friend of the court"), plural amici curiae | A non-party who files a brief |
| en banc (French, "on the bench") | Heard by all active judges of an appellate court |
Parties and representation
| Term | Meaning |
|---|---|
| pro se | Representing oneself; in propria persona (pro per) in some states |
| pro hac vice | "For this occasion": an out-of-state lawyer admitted for one case |
| in forma pauperis | "As a pauper": permission to proceed without paying fees |
| pro bono | Free legal work "for the public good" |
| guardian ad litem | A guardian appointed "for the suit," often for a child |
| in re | "In the matter of," used in captions (In re Estate of...) |
| et al. | "And others," after the first named party |
| ex rel. | "On the relation of": a case brought by the government on someone's information |
Citation Latin
Attorneys read citations aloud with these abbreviations:
| Abbreviation | Meaning | Note |
|---|---|---|
| id. | the same source as the one just cited | lowercase unless beginning a sentence |
| supra | above, earlier in the document | |
| infra | below, later in the document | |
| et seq. | and following | 42 U.S.C. § 1983 et seq. |
| e.g. / i.e. | for example / that is | often spoken as "for example" and typed as spoken |
| cf. | compare | |
| v. | versus | v. in case names |
Spelling and hearing traps
| Error | Correct |
|---|---|
| sua sponti, sua spontee | sua sponte |
| in lemony, eliminate (misheard) | in limine |
| habeus corpus | habeas corpus |
| ex partay written as heard | ex parte |
| pro hoc vice | pro hac vice |
| in forma pauperous | in forma pauperis |
| de nova | de novo |
| amicus curae | amicus curiae |
| per curium | per curiam |
Pronunciations vary widely ("SOO-uh SPON-tay" or "SPON-tee"; "ex PAR-tay" or "ex PART-ee"). Decide by context and meaning, then use the standard spelling. A pronunciation is never a reason for (phonetic) or (sic).
Latin in context
THE COURT: Before we bring the jury in, I want to take
up the defendant's motions in limine. I've reviewed the
medical records in camera. Mr. Ruiz, your co-counsel was
admitted pro hac vice last week; he may argue.
MR. RUIZ: Thank you, Your Honor. And for the record,
we object to any ex parte communication with the Court about
the sealed exhibits.
THE COURT: There has been none. I'll also note sua
sponte that the order entered on the 3rd should have been dated
the 1st, so I'll enter it nunc pro tunc.
Six Latin terms, all in roman type, all spelled in standard form. The context makes each unmistakable: in limine follows "motions," in camera describes the judge's private review, pro hac vice describes an out-of-state lawyer's admission, ex parte describes one-sided contact, sua sponte is the court acting on its own, and nunc pro tunc corrects a date retroactively.
Practice
Which term fits each description?
| Description | Term |
|---|---|
| A lawyer from another state is allowed to appear in this one case | pro hac vice |
| A plaintiff cannot afford the filing fee and asks to proceed anyway | in forma pauperis |
| The judge reviews privileged documents privately | in camera |
| An appellate court reviews a legal question without deference | de novo |
| The Supreme Court agrees to hear a case | grants certiorari |
| A lawyer is appointed to protect a child's interests in the lawsuit | guardian ad litem |
| An organization that is not a party files a brief supporting one side | amicus curiae |
A judge says, "The Court raises this issue on its own motion." Which Latin term describes this?
Ex parte
In camera
Nunc pro tunc
Sua sponte
What is a motion in limine?
A request to dismiss for lack of jurisdiction
A request, usually before trial, for a ruling on whether evidence will be admitted or excluded
A request to proceed without paying court fees
A request for a new trial after the verdict
How should the Latin term "pro hac vice" appear in a transcript under the Bluebook practice for common legal Latin?
pro hac vice, in roman (not italic) type
pro hac vice, in italics
PRO HAC VICE, in capitals
pro hoc vice, as commonly pronounced
Sections you finish are checked off in the contents.