Legal Definitions - ne exeat

Ne exeat is a Latin legal term meaning "let him not depart." It refers to a court order, known as a writ, that prevents an individual from leaving the court's jurisdiction, which could be a specific state or even the country. This order is typically issued when there is a serious concern that a person might flee to avoid fulfilling a legal obligation or complying with a court judgment.

The primary purpose of a ne exeat writ is to ensure that the individual remains available within the court's reach so that legal proceedings can continue, and any potential judgments or orders—such as paying a debt, adhering to child custody arrangements, or preserving disputed property—can be enforced. Often, the person subject to the writ may be required to post a bond or provide other security to guarantee their presence and cooperation with the court.

• Example 1: Preventing Flight to Avoid Debt

  A small business owner, Mr. Henderson, is facing a significant lawsuit from a former business partner for alleged fraud and misappropriation of funds. The court has frozen some of Mr. Henderson's assets, but the former partner's lawyer discovers that Mr. Henderson has recently sold his primary residence, closed several bank accounts, and purchased a one-way ticket to a country with which the U.S. has no extradition treaty. Concerned that Mr. Henderson intends to flee to avoid the lawsuit and potential judgment, the former partner's lawyer requests a ne exeat writ.

  This illustrates ne exeat because the court would issue the writ to prevent Mr. Henderson from leaving the jurisdiction. This ensures he remains available to face the legal proceedings and, if found liable, to satisfy any financial judgment against him, thereby protecting the former partner's claim.

• Example 2: Protecting a Child in a Custody Dispute

  Ms. Rodriguez and Mr. Chen are in a contentious divorce and child custody battle. Ms. Rodriguez has temporary physical custody of their five-year-old daughter. During a court hearing, Mr. Chen presents evidence that Ms. Rodriguez has been researching schools in a foreign country, has applied for a passport for their daughter without his knowledge or consent, and has made comments to mutual friends about wanting to "disappear" with their child. Fearing Ms. Rodriguez will abduct their daughter and leave the country, Mr. Chen's attorney files an emergency motion for a ne exeat writ.

  Here, the ne exeat writ would be issued to prevent Ms. Rodriguez from removing the child from the court's jurisdiction. This action safeguards the child's well-being and ensures that the custody dispute can be resolved according to local laws, preventing one parent from unilaterally disrupting the legal process and the child's established life.

• Example 3: Preserving Disputed Property

  Two siblings, Sarah and Tom, are embroiled in a legal dispute over the rightful ownership of a valuable collection of antique coins inherited from their deceased grandmother. Tom currently possesses the collection, which is stored in a safe deposit box within the state. Sarah's attorney learns that Tom has been in contact with international auction houses and has made arrangements to transport the entire collection overseas for appraisal and potential sale, which would make it difficult, if not impossible, to recover if Sarah is ultimately found to be the rightful owner. Sarah's attorney seeks a ne exeat writ.

  In this scenario, a ne exeat writ could be issued to prevent Tom from moving the valuable antique coin collection out of the court's jurisdiction. While the writ primarily targets the person, in family law or property disputes, it can also extend to preventing the removal of specific assets. This ensures the disputed property remains within the court's control until the ownership dispute is legally resolved, preserving its availability for the rightful owner.