"Nihil dicit" is a Latin term used in the legal context that translates to "he says nothing" or "he utters nothing." In legal proceedings, it refers to a situation where the defendant or the party being summoned fails to respond or submit a defense within the required timeframe.
When a defendant receives a summons or legal notice, they are generally required to issue a response within a specified period, presenting their defense or disputing the claims made against them. If the defendant fails to respond or submit a defense within the designated time, the court may enter a judgment against them by default (see default judgment and nil dicit default judgment). In such cases, the court considers the defendant's lack of response as an admission of guilt/liability or acceptance of the claims made by the plaintiff.
"Nihil dicit" is used as a legal term to formally signify that the defendant has chosen not to respond or submit a defense. It acts as a legal recognition of the defendant's silence and allows the court to proceed with the case in the absence of a defense. As a result, the plaintiff may be awarded a judgment in their favor without further consideration of the defendant's arguments.
It is worth noting that specific procedures and rules regarding "nihil dicit" may vary across jurisdictions. Therefore, it is advisable to consult the relevant legal statutes and seek the advice of a qualified attorney to understand the precise implications and consequences of failing to respond in a legal proceeding.
[Last updated in July of 2023 by the Wex Definitions Team]