Functus officio
Encyclopedia
Functus officio, Latin
for "having performed his office," is a legal term used to describe a public official, court
, governing body, statute
, or other legal instrument that retains no legal authority because his or its duties and functions have been completed. The term is most commonly used by a higher court as a justification for vacating or overruling all or part of a lower court's opinion. For example, if a plaintiff in a United States federal court, after filing a complaint but failing to serve it on the defendant, then files an amended complaint, the plaintiff cannot then serve the initial complaint on the defendant, because the filing of the amended complaint renders the original "functus officio."
In the Canadian case of Chandler v Alberta Association of Architects, Sopinka J. wrote in relation to the principle of functus officio:
"The general rule (is) that a final decision of a court cannot be reopened....
"The rule applied only after the formal judgment had been drawn up, issued and entered, and was subject to two exceptions: where there had been a slip in drawing it up, and where there was an error in expressing the manifest intention of the court."
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "having performed his office," is a legal term used to describe a public official, court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, governing body, statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, or other legal instrument that retains no legal authority because his or its duties and functions have been completed. The term is most commonly used by a higher court as a justification for vacating or overruling all or part of a lower court's opinion. For example, if a plaintiff in a United States federal court, after filing a complaint but failing to serve it on the defendant, then files an amended complaint, the plaintiff cannot then serve the initial complaint on the defendant, because the filing of the amended complaint renders the original "functus officio."
In the Canadian case of Chandler v Alberta Association of Architects, Sopinka J. wrote in relation to the principle of functus officio:
"The general rule (is) that a final decision of a court cannot be reopened....
"The rule applied only after the formal judgment had been drawn up, issued and entered, and was subject to two exceptions: where there had been a slip in drawing it up, and where there was an error in expressing the manifest intention of the court."