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NeCede's

Maxim 7.9.3

Extraordinary remedies are never to be resorted to until ordinary ones fail.

Nunquam ad extraordinaria recurrendum est nisi ubi ordinaria deficiunt.

Source: 4 Inst. 84 Difficulty 2/5 — Approachable

Explanation

The law favors regular process and reserves extraordinary writs, injunctions, and special proceedings for cases where the normal channels have proven inadequate.

Where this applies

  • I want to go straight to the Supreme Court — but I haven't tried the lower courts first.
  • I'm requesting an emergency injunction before trying the normal appeals process.

Topics

Remedy

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 7.9.3 — Extraordinary remedies are never to be resorted to until ordinary ones fail. — 4 Inst. 84 (Nunquam ad extraordinaria recurrendum est nisi ubi ordinaria deficiunt.)

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