common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

, ''ne exeat'' (

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

"that he not depart") is an equitable

writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

restraining a person from leaving the

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

of the court or the state.''

Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West P ...

'' (9th ed. 2009), ne exeat. The writ may be issued to ensure the compliance by the

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

with a court order. The full phrase in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

is ''ne exeat republica'' (Latin "let him not leave the republic"). The phrase ''ne exeat regno'' (Latin "let him not leave the kingdom") has also been used in

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

. It is used in family law to prohibit a person from leaving or removing a child or property from the jurisdiction. In England and Wales, however, it has been mostly replaced by passport impoundment orders.

Mr Justice Mostyn Sir Nicholas Anthony Joseph Ghislain Mostyn KC (born 13 July 1957 in Lagos, Nigeria), styled The Hon. Mr Justice Mostyn, is a British High Court judge, assigned to the Family Division. Early life The son of a British American Tobacco executiv ...

said in 2012, "The writ ne exeat regno is a charming historical relic but must be regarded as an anachronism given the availability of the modern form of order". In the

, it is still provided for in the

Internal Revenue Code The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 ...

at {{usc, 26, 7402(a).

References

Writs