When someone makes a claim in court, they are required to provide evidence to substantiate it. Profert is a formal statement made on the court record, indicating that the person possesses the necessary proof and will present it during the proceedings. It is akin to stating, “I possess the document that verifies the truth of my statement, and I am prepared to present it as evidence.”
Profert is a legal term in common-law pleading that involves a party in court declaring that they are presenting a deed or other important document as evidence. For example, in a property dispute case, the plaintiff may use profert to state that they are presenting the deed to the property in question. This declaration ensures that the document is properly entered into evidence and considered by the court.
Profert is a legal term used in civil litigation that refers to the act of presenting a written document, usually a contract or deed, in court as evidence.
Profert is typically required when a party seeks to enforce a written document, such as a contract, and wants to rely on its terms as evidence in court.
The purpose of making profert is to establish the authenticity and validity of a written document and to allow the court to consider its terms when deciding a case.
Profert is made by physically presenting the written document to the court or by reciting its contents verbatim in open court.
Yes, in modern times, profert can be made through electronic means, such as presenting a digital copy of the document or reading its contents from an electronic device.
No, profert is not always required. It is typically necessary only when a party wants to rely on the terms of a written document as evidence.
If a party fails to make profert when it is required, the court may refuse to consider the written document as evidence or may give it less weight in the decision-making process.
Yes, an attorney can make profert on behalf of a party. Attorneys are authorized to present evidence and make legal arguments in court on behalf of their clients.
Profert is primarily used in civil litigation, and its application in criminal cases may vary depending on the jurisdiction and the specific circumstances of the case.
Yes, the opposing party can challenge or dispute the authenticity or validity of the written document presented through profert. They may argue that the document is forged, altered, or does not accurately represent the agreement between the parties.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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