Legal Definitions - licentia surgendi

Licentia surgendi

Licentia surgendi is a legal term that means "license to arise." It refers to a permission or writ from the court that allows a tenant in a real action to get out of bed and appear in court. This permission is given following the tenant's earlier plea of inability to appear because of illness that confined the tenant to bed. If the tenant falsely claimed illness, they could lose the case by default.

For example, if a tenant was sued for not paying rent and claimed they were too sick to appear in court, they could be granted a licentia surgendi to get out of bed and attend the court hearing. However, if it was discovered that the tenant was not actually sick and had lied to avoid appearing in court, they could lose the case by default.