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NeCede's

Maxim 8.5.20

An act of the court shall prejudice no man.

Source: Jenk. Cent. 118; 1 Smith, Lead. Cas. 245-255; Broom, Max. 3d Lond. ed. 115; Weisman, 65l Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) No person shall be harmed by an act of the court itself — when delay, error, or procedural defect is the court's own doing, the parties must not suffer for it.

Where this applies

  • A court clerk loses a filing, causing the plaintiff to miss a deadline — the court extends the deadline because its own error must not prejudice the plaintiff.
  • A judge's scheduling mistake forces a defendant to miss a hearing, and the court vacates the default judgment that resulted because the court's act cannot harm the party.
  • A case is delayed for two years because the court's docket is backed up, and the judge ensures neither party is penalized for the court's own delay.

Legal domains

Cite this maxim

NeCede Max. 8.5.20 — An act of the court shall prejudice no man. — Jenk. Cent. 118; 1 Smith, Lead. Cas. 245-255; Broom, Max. 3d Lond. ed. 115; Weisman, 65l

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