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NeCede's

Maxim 8.1.6

A judge does not award more than the claimant himself demands.

Judex non reddit plus quam quod petens ipse requirit.

Source: Jenk. Cent. 585; Dig. 10, 3, 18; Weisman, 94v Difficulty 2/5 — Approachable

Explanation

The court's power is circumscribed by the relief actually requested; a judgment that exceeds the prayer of the complaint is irregular.

Where this applies

  • I sued for $10,000 in damages but the judge awarded me $50,000 — more than I asked for.
  • The court ordered relief that was never requested by either party.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.1.6 — A judge does not award more than the claimant himself demands. — Jenk. Cent. 585; Dig. 10, 3, 18; Weisman, 94v (Judex non reddit plus quam quod petens ipse requirit.)

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