After the commencement of the suit. 2. Declarations or acts of the parties made post litem motam, are presumed to be made with reference to the suit then pending, and, for this reason, are not evidence in favor of the persons making them; while those made before an action has been commenced, in so me cases, as when a pedigree is to be proved, may in some cases be considered as evidence. 4 Camp. 401. 3. Depositions in relation to the subject of a suit made after litigation has commenced, are sometimes so termed. 1 Starkie, Ev. 319.