De bene esse

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DE BENE ESSE, 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, &c. 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. Bac. Ab. Verdict, A. Vide 11 S. & R. 84.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The mere fact that a witness resides beyond the court's subpoena power does not necessarily make for a de bene esse deposition.
Examining a witness in a de bene esse deposition is quite different from examining one in a discovery deposition, because you are presenting testimony and evidence rather than discovering evidence.
'Dead cert' beaten When long-odds-on favourites get turned over bookmakers are usually all smiles, but that was not the case in the two-runner 2m3f novice chase in which 5-1 chance De Bene Esse proved better than 1-8 market leader Southfield Vic.