Legal Definitions - litispendence

Litispendence refers to the entire period during which a lawsuit is actively ongoing in a court of law. This timeframe begins when a legal action is formally initiated (for example, by filing a complaint) and concludes when the case is finally resolved, whether through a judgment, a settlement, or a dismissal. While the term itself is considered somewhat archaic in modern legal practice, the concept it describes—the pendency of a lawsuit—remains a fundamental aspect of the legal system.

Here are some examples to illustrate the concept of litispendence:

• Imagine a situation where two neighbors, Mr. Henderson and Ms. Davies, are in a legal dispute over the exact boundary line between their properties. Mr. Henderson files a lawsuit asking the court to officially determine the correct boundary. The period of litispendence for this case would begin the day Mr. Henderson files his complaint and would continue until the court issues a final ruling on the boundary, or until Mr. Henderson and Ms. Davies reach an out-of-court settlement that resolves the dispute. During this time, the legal status of the boundary is uncertain and subject to the court's decision.

• Consider a scenario where a software development company, "Tech Solutions Inc.," sues a client, "Global Enterprises," for alleged non-payment for services rendered under a contract. The moment Tech Solutions Inc. files its lawsuit in court, the period of litispendence for that contract dispute begins. This period will last through all stages of the litigation—discovery, motions, and potentially a trial—until a judge issues a final judgment, or the two companies negotiate and agree upon a settlement. Throughout this time, both companies are involved in an active legal process to resolve their disagreement.

• Suppose a pedestrian, Sarah, is injured in a car accident and decides to sue the driver, Mark, for negligence and medical expenses. Sarah's attorney files a personal injury lawsuit against Mark. The litispendence of this case starts on the date the lawsuit is filed. It will continue through the collection of evidence, negotiations between the parties, and potentially a trial, until the court awards Sarah damages, or Sarah and Mark reach a settlement agreement. During this entire duration, the legal claim for Sarah's injuries is pending before the court.