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Profert

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

He produces or proffers. When pleadings were in Latin, a plaintiff was wont to express his readiness to produce for inspection an instrument on which he brought suit, by the phrase profert in curia, or profert in curiam, — he produces in court, or he brings into court, the writing alleged. The term has continued in use down to modern times. In the old practice, a party actually produced in court a deed or other instrument upon whicli he relied in pleading; and the clause to that effect, — profert in curia, — inserted in the declaration, had literal truth. In modern practice, however, the actual strument was produced made in the declaration, upon which the writing was deemed to be and remain constructively in the possession of the court, and the party was said to have made profert of the deed.

See Oyer.