Home

auditur

Auditur is a Latin verb form: the third-person singular present passive indicative of audire, meaning “it is heard” or “it is being heard.” The form can occur in ordinary Latin prose and in legal or ecclesiastical Latin to indicate that something is currently under hearing or consideration by a judge, council, or other hearer.

A closely related and more widely used phrase in legal Latin is audiatur et altera pars, literally

In practice, auditur appears in historical or doctrinal Latin texts to describe that a matter or evidence

“let
the
other
side
be
heard.”
This
maxim
embodies
the
principle
of
due
process,
requiring
that
all
parties
have
an
opportunity
to
be
heard
before
a
decision
is
made.
The
difference
between
auditur
and
audiatur
is
grammatical:
auditur
is
indicative
(stating
a
fact),
while
audiatur
is
present
passive
subjunctive
(a
directive
or
permissive
clause
in
a
maxim
or
rule).
is
heard,
whereas
audiatur
et
altera
pars
is
the
standard
form
found
in
codes,
opinions,
and
procedural
rules
emphasizing
the
right
to
be
heard.
The
terms
are
part
of
the
broader
tradition
of
Latin
legal
maxims
and
are
of
interest
mainly
to
students
of
Latin,
classical
law,
and
procedural
jurisprudence.