Praesentare nihil aliud est quam praesto dare seu offerre.
/pray-zen-TAH-ray NEE-hil AH-lee-ud est kwam PRAY-sto DAH-ray say-oo oh-FER-ray/·Latin maxim
Also known as:praesentare · present · offer
Written by attorneys · grounded in primary & secondary sources — see below
A Latin maxim expressing that to present consists solely in giving or offering an item at hand.
Sources & Authorities· 34 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Grand Jury Session Attendance
Phoebe Park, a government attorney, entered the grand jury room during witness questioning. She offered the required documents directly to the foreperson. The maxim confirmed her presence as a proper tender of materials at hand. The court reporter recorded the proceeding without objection.
Victim Trait Evidence Offer
Preston Pratt offered testimony about the alleged victim's aggressive character during his assault trial. The defense presented the evidence by handing the witness list to the prosecutor at the bench. The maxim treated the submission as an immediate tender. The court admitted the trait evidence under the applicable rule.
Pierre Poulin began painting the offered fence after receiving the written proposal. He tendered the first completed section to the offeror the next morning. The maxim established that partial performance constituted presentment of acceptance. The offeror accepted the work as binding.
Emotional Distress to Family
Pavel Petrov directed outrageous insults at his neighbor's spouse who stood nearby. He presented the distress by causing immediate visible anguish to the family member. The maxim framed the conduct as an on-the-spot tender of harm. Liability attached without requiring bodily injury.
Transient Jurisdiction Service
Paul Peterson was served with process while briefly visiting the forum state on business. The plaintiff presented the summons directly into his hands at the airport. The maxim confirmed the service as an immediate offer of jurisdiction. The court upheld personal jurisdiction over the unrelated claim.
Marital Property Interest
Pablo Perez and his spouse acquired a vehicle during marriage. Each presented an undivided one-half interest by listing both names on the title at purchase. The maxim treated the joint registration as simultaneous tender of ownership rights. Creditors could reach only the marital share.
Common questions
Frequently Asked
3
What does the maxim require for a valid presentment?+
The maxim requires that the item be given or offered directly at hand without delay or condition. This ensures the recipient receives immediate access rather than a mere promise of future delivery.
Does the maxim apply only to physical objects?+
No. The maxim extends to any tender, including documents, testimony, or legal interests, so long as the offer occurs immediately and in the recipient's presence.
How does the maxim interact with acceptance by performance?+
The maxim treats the commencement of requested performance as an immediate tender that binds the offeror once part of the work is offered at hand.
5 U.S. (1 Cranch) 137 (1803)Property
…opined he was not bound to say what had become of them; if they never came to Mr. Madison's possession, it was immaterial to the present cause what had been done with them by others. To the other questions he answered that he had seen commissions of justices of the peace of the District of Columbia signed by Mr. Adams and…