Conditionally; provisionally; in anticipation of a future need. A phrase applied to proceedings wfhich are taken w parte or provisionally, and are allowed to stand as well done for the present, but? which may be subject to future exception or challenge, and must then stand or fall according to their intrinsic merit and regularity.
Thus, “in certain cases, the courts will allow evidence to be taken out of the regular course, in order to prevent the evidence being lost by the death or the absence of the witness. This is called ‘taking evidence de bene esse.’ and is. looked upon as a temporary and conditional examination, to be used only in case the witness cannot afterwards be examined in the suit in’ the regular way.” Hunt, Eq. 75; Haynes, Eq. 183; Mitf. Eq. PL 52, 149.
Law Dictionary – Alternative Legal Definition
practice. A technical phrase applied to certain proceedings which are deemed to be well done for the present, or until an exception or other avoidance, that is, conditionally, and in that meaning the phrase is usually accepted. For example, a declaration is filed or delivered, special bail put in, witness examined de bene esse, or conditionally; good for the present. 2. When a judge has a doubt as to the propriety of finding a verdict, h(, may direct the jury to find one de bene esse; which verdict, if the court shall afterwards be of opinion it ought to have been found, shall stand.