random latin phrase of the day

idem sonans (I-dem soh-nanz), adj. [Latin] (Of words or names) sounding the same, regardless of spelling.

This is a pleading doctrine that recognizes errors in parties' names are common; absolute accuracy in spelling names is not required in legal proceedings. Under the idem sonans doctrine, if the defendant is served with summons and complaint and defendant's name is pronounced the same way it is written in the complaint, defendant must answer. For example, the names Eliot, Elliot and Elliott are idem sonans.

This doctrine applies primarily for identification purposes. It does not apply where the opposing party has been misled to his or her prejudice. Nor does it apply where an innocent third party is involved.

Because we all like to sound smart. (Sources, Black's Law Dictionary and Rutter.)