What Does ‘In Re’ Mean
In basic terms, "in re" is a Latin phrase meaning "in the matter of." While the definition is straightforward, its usage can vary by context. More specifically, "in re" is used to introduce a legal case name when the case title begins with the words "in the matter of…," "in re…," or "re…" followed by the matter at hand.
The etymology of "in re" is derived from Medieval Latin. It is a borrowing of Anglo-French and ultimately Latin in re , meaning "in the matter of." This is a prepositional phrase, which means it can string together a matter of law when juxtaposed with other words like "bankruptcy," "guardianship," and others. Its proper usage in case law and legal briefs are essentially a formality and should always be done to comply with municipal, state and federal rules.
Use of ‘In Re’ in Case Styles
The phrase "in re" is commonly used to title a legal action. The phrase most literally translates from the Latin as "in the matter of," although literal translation is now more-or-less a moot point. In American (and English) courts, "the phrase "in re" has assumed the meaning of "in the matter of," and not "concerning" or "in regard to." "In re" appears, today, at the beginning of a title, separating the action from the adjudicated matter. Every time a matter is adjudicated, a new case is created for that matter, a process known as "case initiations." In re cases are typically used for matters which do not require adversarial procedures of any type, with the exception of last wills and testament cases. "In re" cases are administratively initiated and not filed. Examples of typical cases for the usage of "In re" include guardianship, probate, and divorce cases.
‘In Re’ as Compared to Other Case Styles
"As you might have guessed, "In Re" is Latin for "in the matter." But the style of this heading can be confusing. Why use this term rather than "vs"?
In re is the title used in the American legal system for a case that involves no adverse party. In civil cases, for instance, if a matter only involves certain parties, the heading "In re Shareholder Jones" would be correct. In this case, there is no named party Smith who has opposed Jones, and alike shareholder A, shareholder B, and shareholder C, will be named in the caption. A criminal case where a petition has been submitted without an opposing party is likewise called an In re case – for example, "In re John Doe."
This differs from "vs.," which stands for "versus," a word meaning "against." This causes a case to appear in another manner, does the court refer to as a "case style." An "In re" or "Case style" should be specified clearly upon filing, so that the appropriate heading may be issued. For example, although two brothers were listed as the in re parties, with no other names listed, the court assumed that two separate people were named. Therefore, two separate case styles were issued.
The differences in in re and vs. case styles can become quite significant. For example, in a claim where you are only disputing a matter between certain parties, when a case has multiple party nature, and the bank issues a statement of claim, the omission of a party can be significant later.
So, as you file your case be careful in the manner you choose on the header. It does make a difference.
Significance of ‘In Re’
The use of "In Re" in a proceeding indicates the nature of the case. The parties involved will know that the case at hand is not being addressed on an individual basis, but as related to a larger group of cases. This is not to say that an individual has been chosen as representative in cases that do use "In Re." Rather, we can deduce that other cases are pending.
This is assuming that the meaning of the proceeding is known to the parties involved. "In Re" can occur in a sentence using either a noun or verb immediately after the term . The prior example was "In Re: Jones," where the Joneses were being adjudicated, and "In Re: Jones’ Will," where the issue against a specific entity was being considered as an example of a larger issue.
In this case, however, and generally speaking, "In Re" is used most often before the name of the court. The parties know whom the case is being argued against, but the instance of "In Re" makes it clear that a decision will affect all parties who are subject to the same fact patterns, or "group of cases."
Origin of ‘In Re’
The earliest recorded creation of the "In Re" style of law originated in Ancient Rome. In fact, the structure comes from Latin codification that pre-dates common era law by more than 600 years. Ancient Roman law codified the concept of "In Rem" (or "In Re" as it is present day known). "In Rem" essentially grants power to the state as it passes ownership of property to a court’s jurisdiction. The term indicates law that is applied to an object of law rather than a subject of law. In realty, the term is interpreted to mean that jurisdiction applies to the property itself, rather than the substance.
The Latin term "In Rem" is still commonly used today in real property transactions to indicate that a legal ruling is binding to the property itself rather than a party by way of its description in a written judgment or by the law. The term has been used in this manner as early as 1204 in the cases of "Adelardus" and "Henricus."
The Anglo-Saxon statutes of King Edward I of England brought the term across the English Channel by way of Crusaders in the late 12th century, where it was adopted by the Royal Courts of England. The term was instrumental to English common law tradition as it successfully spurred a codification and standardization of judicial procedure and practice. The term had not yet been fully integrated and was often used out of context, but was nonetheless used commonly within the Royal Courts of England until it began to lose relevance in the late 14th century.
As the Royal Courts began to decline, the concept of "In Re" was integrated into specific statues. The requirement of a statement was later modified to simply require a list of the cases involved in the complaint. The American judicial system ultimately inherited the idea when the Colonies were formed.
Today, although phonetically versatile, "In Re" is used mostly as a synonym for case numbers. In Northern California, the bankruptcy court incorporates "In Re" into its case portfolio and identifies the style of law as part of its "In Re debtor name". In the Southern District of California, where this case was filed, the usage is not quite as universal. There, it appears in the caption of some of the filings but not within the title of the docs. Across the Central and Eastern districts of California, the term does not appear in the caption or title.
Common Misconceptions of ‘In Re’
One common misconception is that all "In Re"s are appellate cases. While many – and perhaps most – appellate opinions, orders and rulings come in this form, plenty of trial court opinions qualify as well. As will be highlighted in the list below, there do seem to be patterns with the appellate "In Res" that is worth separating out from the "In Res" of trial court opinions. For now, suffice it to say that both can be In Res.
Another common misconception is that "In Re" must be completely in Latin: "In Re: Desmond" is not correct. Neither are the options "In the Matter of Desmond," or "In the Matter Of: Desmond," or the very popular "In the Matter Re: Desmond . " There is no dispute about the proper form on this: "In Re Desmond" is the only way to properly write out a reference to an "In Re" opinion.
A still more common misconception is that "In Re" must have a colon in between "In Res" and "Desmond." Indeed, adding a colon to the end of "In Res" is the wrong choice. If you are going to write out "In Re," use "In Re" minus the colon. Indeed, a good test for writing the phrase correctly is to remove the reference to the case being cited, and see if either version of "in re" makes any sense in that context:
In Re:()
In the Matter of:()
In The Matter Re:(
In Re:(
As will likely be obvious, those addition of the colons is not right.
There are many still more common misconceptions, but let’s start with the most major.