Skip to content
NeCede's

Maxim 8.5.11

A judicial writ fails not through defect of form.

Breve judiciale non cadit pro defectu formae.

Source: Jenk. Cent. 43; Jackson; Weisman, 65g Difficulty 1/5 — Foundational

Explanation

A writ issued by the court is not voided by a mere formal defect — substance prevails over form in judicial process.

Where this applies

  • A writ from the court has a minor formatting error — is it still valid?
  • The court's order has a typo in the header — does that invalidate it?

Legal domains

procedural

Cite this maxim

NeCede Max. 8.5.11 — A judicial writ fails not through defect of form. — Jenk. Cent. 43; Jackson; Weisman, 65g (Breve judiciale non cadit pro defectu formae.)

Found an error? Suggest a correction →