Lis Alibi Pendens – Legal Maxim of the Day

century law firm legal maxim lis alibi pendens

Term- lis alibi pendens

Translation- Lawsuit elsewhere pending

Definition- Refers to requesting a legal dispute be heard that is also being heard by another court. To avoid possibly contradictory judgements, this request will not be granted.

“Lis alibi pendens” is a Latin term that means “a case pending elsewhere.” It is a legal principle that refers to a situation where there are two or more legal proceedings pending between the same parties or involving the same issues in different jurisdictions or courts.

The principle of lis alibi pendens is important in preventing multiple legal proceedings from taking place simultaneously on the same matter. It helps to ensure that there is consistency and finality in the outcome of legal disputes and prevents parties from forum shopping, where they seek to gain an advantage by filing cases in multiple jurisdictions.

When a case is pending in one jurisdiction, the principle of lis alibi pendens may prevent a party from filing a similar case in another jurisdiction. If a case is filed in violation of this principle, the court may stay or dismiss the case, or order the parties to consolidate the cases in one jurisdiction.

Overall, the principle of lis alibi pendens is an important legal concept that helps to ensure the efficient and effective administration of justice. By preventing multiple legal proceedings from taking place on the same matter, it helps to promote consistency, finality, and fairness in the resolution of legal disputes.