Writ of Ne Exeat – restrain a person not to leave the jurisdiction of the court or the state

ne exeat:
(nee-ek-see-at [or ek-see-at])

[Latin “that he not depart”). (17c) l. A writ restraining a person from leaving the republic; specifically, an equitable writ ordering the person to whom it is addressed not to leave the jurisdiction of the court or the state. * Ne exeat writs are usually issued to ensure the satisfaction of a claim against the defendant The full phrase is ne exeat republica [Latin “let him not go out of the republic”]  2. Family law. An equitable writ restraining a person from leaving, or removing a child or property from, the jurisdiction. * A ne exeat is often issued to prohibit a person from removing a child or property from the jurisdiction -and sometimes from leaving the jurisdiction. -Also termed ne exeat; ne exeat republica; ne exeat regno.

     Excerpt from lRC (26 USCA) § 7402(a):

    “The district courts of the United States . . . shall have such jurisdiction to make and issue in civil actions, writs and orders of injunction, and of ne exeat republica, orders appointing receivers, and such other Orders and processes . . . as may be necessary or appropriate for the enforcement of the internal revenue laws.” [2]

     Excerpt fromWilliam Q. de Funiak’s Handbook of Modern Equity:

     “Such a writ [ne exeat] might be issued upon the commencement of the suit for equitable relief, during the pendency of the suit, or upon issuance of the final decree to secure its enforcement. But such writ related primarily to the person of the defendant and issued only upon satisfactory proof that he planned or intended to remove himself beyond the court’s jurisdiction so that he might escape obedience to such command as might be or had been laid upon him. The writ has been frequently termed an equitable bail. It involves taking and keeping the defen» dant in custody until he gives bail or bond in a designated amount, conditioned upon his keeping himself amenable to the effective processes of the court.[3]

References:

[1]: All definitions from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: lRC (26 USCA) § 7402(a)

[3]: William Q. de Funiak, Handbook of Modern Equity 21 (2d ed. 1956).

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Notice: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

 

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