exceptio lis alibi pendens

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Translingual[edit]

Etymology[edit]

From Latin exceptiō (exception) + līs (lawsuit, action) + alibī (elsewhere) + pendēns (pending).

Phrase[edit]

exceptio lis alibi pendens

  1. (law) An exception taken by one of the parties in litigation that litigation between the same parties on the same cause of action is already pending in another court.
    • The claimant must sue for all his damages, accrued and prospective, arising from one cause of action, in one action and, once that action has been pursued to final judgment, that is the end of the matter. Similarly, the defence of lis alibi pendens is designed to prevent the institution of a second action between the same parties in respect of the same subject-matter and based upon the same cause of action while another such action is already pending.

See also[edit]

A list of common exceptions at exceptio