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NeCede's

Maxim 8.6.7

During the pendency of a suit, nothing should be changed.

Lite pendente nihil innovetur.

Source: Co. Litt. 344; 1 Story, Eq. Jur. §406 Difficulty 2/5 — Approachable

Explanation

Once litigation is underway, neither party may unilaterally alter the subject matter — alienation, destruction, or material change pending suit is void as against the litigation.

Where this applies

  • While the lawsuit is ongoing, the defendant sold the property being disputed.
  • One party to the suit destroyed evidence while the case was pending.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.6.7 — During the pendency of a suit, nothing should be changed. — Co. Litt. 344; 1 Story, Eq. Jur. §406 (Lite pendente nihil innovetur.)

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