Define: Nihil Dicit

“Nihil Dicit” is a Latin phrase that translates to “he says nothing.” In legal proceedings, it refers to a situation where the defendant fails to respond or make a plea in court.

If a defendant files a “Nihil Dicit,” it is considered a default judgment. This means that the plaintiff automatically wins the case, and the court will proceed with determining the appropriate damages or remedies.

In most cases, once a defendant files a “Nihil Dicit,” it is difficult to change the plea. However, it may be possible to request the court’s permission to withdraw the “Nihil Dicit” and enter a different plea, but this is subject to the judge’s discretion.

No, filing a “Nihil Dicit” is not the same as pleading guilty. Pleading guilty is an admission of guilt, while filing a “Nihil Dicit” is simply a failure to respond or make a plea.

Yes, if the defendant files a “Nihil Dicit,” the plaintiff can request a default judgment. This allows the plaintiff to win the case without a trial, as the defendant has effectively admitted to the allegations by not responding.

Filing a “Nihil Dicit” can have significant consequences for the defendant. It typically results in a default judgment against them, which may include financial penalties, damages, or other remedies sought by the plaintiff.

Yes, a defendant can appeal a default judgment resulting from a “Nihil Dicit.” However, they would need to demonstrate a valid reason for their failure to respond and convince the appellate court to overturn the default judgment.

No, a “Nihil Dicit” is not commonly used in criminal cases. It is more frequently seen in civil cases where the defendant fails to respond to a lawsuit or fails to appear in court.

In some cases, a defendant who files a “Nihil Dicit” may be held in contempt of court if they intentionally and willfully fail to respond or make a plea. However, this would depend on the specific circumstances and the judge’s discretion.

While it is generally more challenging to hire an attorney after filing a “Nihil Dicit,” it may still be possible. However, the defendant would need to convince the court that there are valid reasons for their failure to respond initially and demonstrate that they have a legitimate defence to present.