Meaning of ‘Inter Alia’
Inter alia is a Latin term that means "among other things." It is commonly used in legal documents to suggest that what follows is not a complete list of items. For example, a request for discovery from opposing counsel may say, "Please provide copies of the following documents, inter alia (among other things), any correspondence relating to…"
Because of the fact that inter alia means "among the other things," it is often used in legal pleadings and briefs in which a party may be required to provide documentation or information. A request during discovery may seek records, bank statements, or documents that are in the possession of the opposing party that support their case . The request may specify a specific list of records, but may also request records related to anything "that pertains to the subject matter of this case, inter alia."
Inter alia is commonly found in pleadings, notices, and discovery requests. It is used to save time and space by limiting the list of items but, at the same time, providing flexibility to include additional items that were not referenced.
While inter alia is Latin, it is often used in federal law. The Federal Rules of Civil Procedure uses the term in Rule 12(k) in discussing expedited hearings. All federal courts use the term in notice requirements for filing an appeal. Many state courts use the term in similar fashion as well.
Historical Usage of ‘Inter Alia’
The term "inter alio/alia" is an adverbial phrase derived from Latin, meaning "among other things," and its specific definition is dependent upon the context of its usage. From a historical perspective, the term’s use in legal writing has evolved over centuries, as ancient Greek and Roman legal documents paved the way for its incorporation into modern legal parlance. Jurisconsults in ancient Greece and Rome used similar phrases to specify or exclude items, and such phrases soon came to have the meanings they retain today. In the Codex Therinatus, one of the earliest known compilations of laws and legal procedures, dating back to the times of the Roman Emperor Justinian (527-565 A.D.), when the Empire extended to Egypt, Africa and Italy, the adjective "inter" is used in the context of including territories in Africa under the jurisdiction of the Empire: "A Roman citizen is exempt from taxes imposed by a provincial division, from those which affect the whole country, and from those which are levied on any one of these provinces inter ores et montes." The Roman legal tradition remained a cornerstone of Western legal tradition throughout the Middle Ages and European Renaissance. In Anglo-Saxon England (circa 450-1066 AD), prior to the time when England was brought into the fold of Roman law, pre-existing "Saxon law" was highly localized and consisted largely of customary procedures for acquiring and maintaining property. Roman Catholic canon law, however, made its way into English law during that time, leading to terms like "inter alio" being used in English legal texts as early as the eleventh century. Black’s Law Dictionary notes that "Inter alia" "is frequently used in statutes and legal opinions"; moreover, courts have referred to appropriate limitations on that applicability, specifying that "its application to all persons is not likely, for that would be inter alia" or otherwise making distinctions for which categories of people are included in the term.
Uses of ‘Inter Alia’
The term "inter alia" is commonly used in legal writing to refer to a situation where multiple points, items, or individuals are included, but the specific point at issue is being emphasized. In other words, it refers to "among other things," and is used to delineate a focus in the greater context of a surrounding discussion.
There are a number of ways this term can be applied to legal terms, both in writing and in performance, and its meaning is pretty much clear in all applications due to the obvious context. For example, if a lawyer refers to testimony "given by John Smith, inter alia," it immediately implies that there is additional relevant evidence provided by this witness. This might be spelled out as "inter alia" within the text of the deposition itself, or it may only be referenced in body text.
The term "inter alia" is also seen a lot in contracts referencing transactional information. A common phrasing is something like "this purchasing deal, inter alia, will include the purchase of widgets." This means that the widget purchase is not the only part of the deal—hence the usage of the term—but it’s the one part that’s being referenced.
Another application for "inter alia" in a contract would be an assignment, a statement that the contract may be assigned to others "inter alia." This is a legal qualification in much the same way that, in general conversation, one might say "I will teach you how to do this, inter alia cooking your own meals."
Terms such as "inter alia" ascertain immediacy, giving a striking accuracy to the actions to be taken. Often times a court will rule in a case "inter alia" which means that other decisions have been made. More often than not, the outcome of these decisions will not seem so authoritative unless the additional meaning is ascertained within the text.
In addition to legal writing, the term "inter alia" can also be heard in common conversation. Any time a person is discussing actions that will take place including multiple elements "among other things," they can be accurately referred to as "inter alia." For example, a parent may say to a child "You should be putting your toys away, inter alia, for you need to tidy up your room."
The term "inter alia" does not, however, mean "including all of the following." Its intent is to make an assumption that other elements exist that are not being listed, but that could be important in the discussion. For example, a pertinent fact in a court case might be "the defendant sold stolen property, inter alia." While not explicated, the "inter alia" here clarifies the defendant’s relationship with the law.
Significance of Correct Usage of ‘Inter Alia’
The importance of correctly using ‘inter alia’ in legal writing cannot be overstated. Its use is often indicative of the attention to detail of the person and organisation using the term including their lawyers. The interpretation of a clause or term can be critical in any event and getting the wording correct before it is finalised is vital. A lay person used to bespoke contracts will be asked to look at the standard wording and the terms that have been drafted and will inevitably use expressions such as "and amongst other things" and this is where the problem arises. The lay person does not understand why "and amongst other things" cannot be used .
Although "and amongst other things" can mean the same as "inter alia" the difference is that "inter alia" means for all purposes, it is inclusive of everything, it grants others the qualification to ignore the porosity of "and amongst other things" which relates to the material issues but excludes other things or matters.
Be very careful when using "inter alia" because it may restrict and exclude other things and matters but if someone lists things or matters they may want to add or exclusionary. "Inter alia" cannot be used as a catchall. When has "and amongst other things" ever been used in drafting to be exclusionary?
Common Errors with ‘Inter Alia’
An obvious mistake that many people make with inter alia is misspelling it. Almost always, the phrase is misspelled "interalia," which is unfortunate because it makes a short phrase far more difficult to read and understand for those who are not familiar with it. Always write it as two separate words: "inter alia."
A second common error is using "inter alia" where the context clearly doesn’t call for it. As we have indicated, when you’re using it in a legal document, you are clarifying that the list you just provided is not exhaustive. It may or may not be an exhaustive list; it is certainly not an exclusive list. In the cases where the list you provide is exhaustive, the caveat might not be necessary because there is little chance for misunderstanding. If your list of things you bought this year included a car, some groceries and a computer, and the other person says, "oh, you bought a car, yet didn’t tell me about it," you could simply point them back to your list. That would be enough.
At the same time, you should not use "inter alia" to add information to your list at a later date. If your list already exists, and you realize you left something off it, the most proper way to add something is to make a new list and to verify that your new list does not include the things you’ve already talked about, as well. In that case, "inter alia" wouldn’t serve any purpose at all. A reader unfamiliar with both the original list and the revised mention of what was left off might easily be confused.
Comparison of ‘Inter Alia’ with Other Legal Terminology
There are many legal terms and phrases similar to inter alia, and understanding how they compare can help with using inter alia properly. Below is a list of phrases commonly associated with inter alia and how these phrases differ from one another.
Compared to the term inter partes, which refers to interaction between two or more parties regarding a legal matter , inter alia is not specific about who is taking part in the act. The phrase inter partes is used most often in legal proceedings, while inter alia is not necessarily used uniquely in this context.
The phrase et alia is not entirely different from inter alia; they both mean ‘among other things.’ The difference is that et alia can be used to refer to a single object in addition to others whereas inter alia is specifically for plural, general use.