Also known as:enquete · enquêtes · enquetes · inquiry · investigation
Written by attorneys · grounded in primary & secondary sources — see below
An examination of witnesses taken down in writing by or before an authorized judge for the purpose of gathering testimony to be used in a trial.
Sources & Authorities· 39 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Pleading Signature Inquiry
Eduardo Enriquez filed a complaint alleging specific facts about contract performance. His attorney signed the pleading after reviewing documents but without full discovery. The court later examined whether the factual contentions had evidentiary support or would likely gain it after reasonable investigation.
Character Witness Cross Examination
Eva Espinosa testified about Elijah Edwards's reputation for honesty in a fraud trial. On cross-examination the court permitted questions about specific prior acts to test the basis of her opinion. The inquiry probed the reliability of the character evidence presented.
Emma Erickson as shareholder demanded that Eclipse Manufacturing investigate board misconduct before suing. The corporation began an internal review of the allegations. The court stayed the derivative proceeding to allow completion of the inquiry.
Defamation Republication Defense
Emanuel Escobar republished a defamatory statement about Edward Everett. Everett had conducted his own investigation to verify the original publication's source and meaning. The court held that Everett's inquiry did not shield Escobar from liability for republication.
Chain of Title Notice Dispute
Emerald Enterprises purchased land relying on recorded deeds in its chain. An easement appeared only in a deed to a stranger from a common grantor. The buyer had no duty to inquire outside the chain of title under the recording act.
Pretrial Publicity Restriction
Elite Dynamics's counsel participated in ongoing litigation. The lawyer issued a press release detailing investigation findings that could influence jurors. The court found the statement created a substantial likelihood of material prejudice to the proceeding.
Common questions
Frequently Asked
2
What is the core purpose of an enquête?+
An enquête gathers witness testimony in written form before an authorized judge for later use at trial.
Does an enquête require judicial authorization?+
Yes. The procedure occurs by or before an authorized judge who oversees the examination and recording of testimony.
5 U.S. (1 Cranch) 137 (1803)Property
…directed and the applicant must be without any other specific legal remedy. The high station of the head of a department makes inquiry delicate but the court's province is solely to decide the rights of individuals, not to inquire into executive discretion. If the matter pertains to a paper upon record or to copies to…