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NeCede's

Maxim 8.7.2

He who does not deny, admits.

Qui non negat, fatetur.

Source: Tray. Leg. Max. 503; Dig. 50, 17, 142; Weisman, 26a; Weisman, 87h; Weisman, 99dd Difficulty 1/5 — Foundational

Explanation

Silence in the face of a properly served allegation operates as an admission — what is not specifically denied is taken as conceded.

Where this applies

  • I received the lawsuit but never responded — does that mean I admit everything?
  • The defendant ignored the complaint — their silence is treated as an admission.

Topics

Pleading

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.7.2 — He who does not deny, admits. — Tray. Leg. Max. 503; Dig. 50, 17, 142; Weisman, 26a; Weisman, 87h; Weisman, 99dd (Qui non negat, fatetur.)

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