Tales De Circumstantibus Law and Legal Definition

Tales de circumstantibus is a Latin phrase which means ‘such of the by standers or such persons as are standing round.’ A court orders tales de circumstantibus to select jurors from bystanders whenever the panel of the jury is exhausted or on the defect of the special jurors, at the prayer of either party.

In Williams v. Commonwealth, 91 Pa. 493 (Pa. 1880), the court held that when all the jury members not attend, or when so many be challenged and drawn that there do not remain a sufficient number to make a jury, there are at common law the writs of tales, according as the number was deficient, or by statute, a plaintiff can pray a tales de circumstantibus to prevent the delay.