Maxim 8.6.14
During a litigation nothing should be changed.
Source: Co. Litt. 344; 1 Story, Eq. Jur. s. 406; Secombe v. Steele, 20 How. (61 U.S.) 94, 106; Weisman, 99e
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The status quo must be preserved during litigation — no party may alter the subject matter of the dispute while the suit is pending, lest the court's eventual judgment be rendered meaningless.
Where this applies
- A landlord is prohibited from demolishing a building while a tenant's lawsuit over the lease is still pending in court.
- A company cannot sell off the assets that are the subject of a shareholder lawsuit while the case is being litigated.
- A spouse is barred from transferring marital property to a third party while a divorce proceeding is underway, because the status quo must be preserved during litigation.
Legal domains
Cite this maxim
NeCede Max. 8.6.14 — During a litigation nothing should be changed. — Co. Litt. 344; 1 Story, Eq. Jur. s. 406; Secombe v. Steele, 20 How. (61 U.S.) 94, 106; Weisman, 99e
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