Ne exeat

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At common law, ne exeat (Latin "that he not depart") is a equitable writ restraining a person from leaving the jurisdiction of the court or the state.[1] They are usually issued to ensure the satisfaction of a claim against the defendant.[1]

The full phrase is ne exeat republica (Latin "let him not go out of the republic").[1] The phase ne exeat regno (Latin "let him not go out of the kingdom") is also used in English law.[1][2]

The writ is used in family law to restrain a person from leaving or removing a child or property from the jurisdiction.[1]

In the United States, it is also still provided for in the Internal Revenue Code at 26 U.S.C. § 7402(a).

References[edit]

  1. ^ a b c d e Black's Law Dictionary (9th ed. 2009), ne exeat.
  2. ^ Harding, G. (1829) The practice of the High Court of Chancery, under the new orders, p. 336