Legal Definitions - in re

In re is a legal phrase used in the title of a court case to indicate that the proceeding is "in the matter of" a particular subject, rather than a traditional lawsuit between two directly opposing parties. It signifies that the case focuses on a specific thing, person, or status, rather than one party suing another. This phrasing is common in legal matters that involve a specific entity or situation, such as estates, trusts, or the welfare of a minor.

Here are some examples illustrating the use of "in re":

• Example 1:In re Estate of Eleanor Vance

  This title would appear on court documents for a probate case where the court is overseeing the administration and distribution of Eleanor Vance's assets after her death. It might involve validating her will, identifying heirs, or resolving claims against the estate.

  How it illustrates "in re": The court's proceedings are centered on the estate itself – its assets, debts, and beneficiaries – rather than a direct dispute between two individuals where one is suing the other. The "matter" before the court is the proper handling of Eleanor Vance's estate.

• Example 2:In re Adoption of Baby Doe

  This refers to a legal proceeding concerning the adoption of a child whose identity is protected, often referred to as "Baby Doe." The court's role is to ensure the adoption process is legally sound and in the best interest of the child.

  How it illustrates "in re": The case is focused on the legal status and welfare of the child, "Baby Doe," and the process of establishing new legal parentage. There isn't a plaintiff suing a defendant; rather, the court is addressing the specific legal matter of the adoption.

• Example 3:In re Bankruptcy of Apex Corporation

  This title would be used for a bankruptcy case involving Apex Corporation. The court would be managing the corporation's financial affairs, including its assets, debts, and obligations to creditors, with the goal of reorganization or liquidation.

  How it illustrates "in re": The court's jurisdiction is over the financial state and assets of Apex Corporation as a whole, rather than a lawsuit where one party is directly suing the corporation for damages. The "matter" is the corporation's bankruptcy status and the equitable handling of its financial affairs.