Gavin Howe
The Latin phrase in re, meaning in the matter [of], is used in the US legal system to indicate that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested. When in re appears in the title of a court case, it refers to the object or person that is the primary subject of the case. For example, Re D refers to a case concerning a 19-year-old male, D. In re is commonly used in probate and bankruptcy proceedings, as well as in juvenile courts.
| Characteristics | Values |
|---|---|
| Origin | Latin |
| Full Form | In re |
| Meaning | In the matter of |
| Usage | Used in case citations of probate and bankruptcy proceedings, juvenile courts, and consolidated cases |
| Adversarial Parties | No formally designated adverse parties |
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What You'll Learn
'Re' is short for 'in re', from Latin
In the legal system in the United States, the term "In re" is used to indicate that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested. The term "In re" is short for "in re", which comes from Latin and means "in the matter [of]".
The whole phrase "in re" translates to "in the matter of", indicating that the proceeding is about the object or person that is the primary subject of the case. For example, in the case name "In re General Motors Corp.", the term "In re" refers to the corporation, General Motors, which is the primary subject of the case.
"In re" is commonly used in case citations of probate and bankruptcy proceedings, such as the General Motors Chapter 11 reorganisation. It is also used in juvenile courts and in proceedings where one party makes an application to the court without necessarily charging an adversary. For instance, "In re" may be used when a couple seeks to adopt a child or when an adult wants to change their name.
The term "Re" is also used in the heading of formal correspondence to indicate the topic to be covered in the letter. For example, "Re Your Letter of May 16th" or "Re Purchase of Flat Iron Building NYC". In these examples, "Re" is used as a shortened form of "in re", meaning "about" or "concerning".
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'In re' means 'in the matter [of]'
The Latin phrase "in re", meaning "in the matter [of]", is commonly used in the legal system in the United States. It indicates that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested. "In re" is an alternative to the typical adversarial form of case designation, which names cases as "[Plaintiff] v. (versus) [Defendant]", as in "Roe v. Wade" or "Miranda v. Arizona".
The use of "in re" refers to the object or person that is the primary subject of the case. For example, in the case name "Re D", the letter 'D' refers to one of the persons involved in the legal case being discussed, who is not being mentioned by name, presumably to protect their anonymity. Thus, "Re D" is a brief way of saying "Concerning [or in the matter of] D".
"In re" is commonly used in case citations of probate and bankruptcy proceedings, such as the General Motors Chapter 11 reorganisation, which was formally designated "In re General Motors Corp." in court papers. The term is also used for consolidated cases, as with "In re Marriage Cases". It is also used in juvenile courts, such as when a couple seeks to adopt a child, or when an adult wants to change their name.
"In re" is also used in the title or name of a case where the proceeding is in rem or quasi in rem and not in personam and occasionally in the title of an ex parte proceeding.
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It indicates a judicial proceeding without formally designated adverse parties
The use of "Re" or "In re" in case law originates from the Latin "in re", which means "in the matter [of]". In the US legal system, "In re" is used to indicate that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested. This is in contrast to the typical adversarial form of case designation, which names cases as "Plaintiff v. (versus) Defendant". For example, "Roe v. Wade" or "Miranda v. Arizona".
"In re" is commonly used in probate and bankruptcy proceedings, such as in the case of "In re General Motors Corp." during the General Motors Chapter 11 reorganisation. It is also used in juvenile courts, as well as in proceedings where one party makes an application to the court without necessarily charging an adversary. For instance, this may occur when a couple seeks to adopt a child or when an adult wants to change their name.
"In re" is used as an alternative form of case designation when there are no adversary parties, but rather a particular res or object/person that is the primary subject of the case. This is often the case in probate proceedings, which involve the distribution of an estate after a person's death, and in bankruptcy proceedings, where the focus is on the financial affairs of the bankrupt individual or business.
In certain US states, such as California, "In re" is used in no-fault divorce proceedings. This reflects the fact that the modern proceeding for the dissolution of a marriage does not necessarily involve adverse parties. Instead, it may be a mutual decision or a unilateral one where the other party is not contesting the divorce.
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'In re' is used in probate and bankruptcy proceedings
The Latin term "In re", meaning "in the matter [of]", is used in probate and bankruptcy proceedings to indicate that a case involves a specific matter and is not an adversarial proceeding. It is a way to clarify the subject of the legal proceedings and direct attention to the matter at hand, be it a person, property, or another specific issue.
In probate cases, "In re" is used to indicate that the case pertains to the administration of a deceased person's estate. For example, a probate case concerning the distribution of Mary Smith's assets after her passing would be titled "In re Estate of Mary Smith".
In bankruptcy cases, "In re" is used to indicate that a case pertains to the assets or affairs of a debtor. For instance, a bankruptcy case concerning an individual's bankruptcy would be titled "In re: John Doe", indicating that the case is about John Doe's bankruptcy.
"In re" is also used in consolidated cases, such as "In re Marriage Cases", and in cases that are "in rem" or "quasi in rem", which refer to cases concerned with property rather than personal rights.
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It is also used in juvenile courts
"Re", derived from the Latin "in re", meaning "in the matter [of]", is used in the US legal system to indicate that a judicial proceeding may not have formally designated adverse parties and is uncontested. It is commonly used in probate and bankruptcy proceedings, as well as consolidated cases.
The term "re" is also used in juvenile courts, which were first established in Cook County, Illinois in 1899. The juvenile justice system is a separate system of criminal justice that acknowledges that children who commit crimes are less blameworthy and have a greater capacity for change than adults. Juvenile courts focus on rehabilitation and treatment rather than punishment, and they offer a range of legal options to meet the safety needs of the public and the treatment needs of the youth.
Juvenile court processes are confidential, and only certain parties and their lawyers have access to the files. When someone under 18 is accused of breaking the law, the case is typically handled in a juvenile court, which provides a less formal and more supportive environment than an adult criminal court. The defendant in a juvenile court case may lack legal representation, but they have access to other resources, such as probation officers and rehabilitation programs.
In some cases, a youth may be tried as an adult in an adult criminal court, depending on the nature of the crime and the decisions of the judge. However, the juvenile justice system has evolved to recognize the unique needs and capacities of young people, and it continues to be a distinct and important part of the criminal justice system.
Research in developmental psychology and neuroscience has influenced how youth are sentenced and prosecuted, leading to constitutional changes and new standards for law enforcement interrogation, youth competency to stand trial, and the reliability of youth confessions.
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Frequently asked questions
'Re' is derived from the Latin word 'Res', meaning a 'thing' or 'matter' in the context of law. It is used to indicate the particular case being dealt with.
'In Re' is a Latin phrase that translates to 'in the matter of'.
'In Re' is used in case law to indicate that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested.
'In Re' is used as an alternative to the typical adversarial form of case designation, which names cases as 'Plaintiff v. Defendant'. It is commonly used in probate and bankruptcy proceedings, as well as in juvenile courts.
Yes, the General Motors Chapter 11 reorganisation case was formally designated 'In re General Motors Corp.' in court papers.
