Also known as:actions in equity · equitable action · equity action · suit in equity · equitable proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A judicial proceeding brought to obtain equitable relief such as specific performance, reformation, or an injunction rather than money damages alone. The proceeding historically invoked the powers of courts of equity to address situations in which legal remedies proved inadequate.
Sources & Authorities· 3 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Restatements
Casebooks
Dictionaries
How it applies
Common Examples
6
Post-Trial Evidence Motion
Adrian Aguilar obtained a permanent injunction after a nonjury trial against Azure Solutions for misappropriation of trade secrets. Three weeks later Azure located internal lab notebooks showing independent development that predated any contact with the former employee. Azure moved under the Federal Rules to reopen the record, take additional testimony, and amend the findings. The court exercised its authority to consider the new materials because the case had been tried without a jury.
Cohabitant Property Claim
Albert Allen lived with Alexis Archer for twelve years and performed extensive unpaid renovations on properties titled solely in Archer's name. After separation Allen sued Archer seeking an equitable share of the rental income based on his contributions to the relationship. Archer moved to dismiss on the ground that no written agreement existed. The court denied the motion because the jurisdiction permits a cohabitant to commence an equitable action for property entitlement arising from relationship contributions.
Partition of Accumulated Assets
Andrew Avery and Ariana Azizi acquired several investment properties during their long cohabitation. After the relationship ended Avery filed an action seeking partition of the personal property and an accounting of rental proceeds. Azizi argued that title alone controlled ownership. The court permitted the equitable proceeding to determine each party's interest in the assets accumulated during the relationship.
Watts v. Watts137 Wis. 2d 506, 405 N.W.2d 303 (1987)
Federal Abstention Request
Alexandra Armstrong faced pending state criminal charges arising from a protest. She filed a federal action seeking to enjoin the prosecution on constitutional grounds. The state moved to dismiss urging abstention under principles of equity and comity. The court abstained because the requested injunction would interfere with an ongoing state proceeding.
Younger v. Harris401 U.S. 37 (1971)
Domestic-Relations Exception
Aether Technologies sued its former executive in federal court for breach of a severance agreement and sought reformation of the contract. The defendant moved to dismiss on the ground that the dispute fell within the domestic-relations exception to diversity jurisdiction. The court denied the motion because the claim was a straightforward contract action for damages and did not involve core family-law issues such as divorce or child custody.
Ankenbrandt v. Richards504 U.S. 689 (1992)
Personal-Jurisdiction Challenge
Apollo Energy, a Delaware trustee, was named as defendant in a Florida proceeding seeking to surcharge trust assets distributed to nonresident beneficiaries. Apollo moved to dismiss for lack of personal jurisdiction. The court granted the motion because Apollo lacked sufficient minimum contacts with Florida to support an equitable proceeding that would bind the trustee.
Hanson v. Denckla357 U.S. 235, 254 (1958)
Common questions
Frequently Asked
4
When may a court grant a new trial after a nonjury trial under Rule 59?+
After a nonjury trial the court may grant a new trial for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court. The rule preserves traditional equitable grounds such as newly discovered evidence that could not have been found earlier with due diligence and that would likely change the outcome. The motion must be filed within 28 days after entry of judgment.
May a cohabitant bring an equitable action for property based on contributions to the relationship?+
A cohabitant may commence an equitable action against the other cohabitant concerning entitlement to property based on contributions to the relationship unless the action is inconsistent with a valid cohabitants' agreement. The remedy exists in addition to any other remedies available under law. The claim accrues on termination of cohabitation and remains subject to equitable defenses.
Does the UCC definition of action include suits in equity?+
The UCC defines action, in the sense of a judicial proceeding, to include recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. This broad definition confirms that an action in equity is treated as one form of judicial proceeding alongside actions at law.
When is reformation available as an equitable remedy?+
Reformation is available when a writing fails to express the parties' actual agreement because of mutual mistake. A court may revise the document to conform to the prior understanding provided no innocent third party is unfairly harmed. Prior drafts and negotiations are admissible to prove the mistake even though the parol evidence rule would bar them in an action at law.
brought by a wife (by her next friend) in Federal District Court pursuant to diversity jurisdiction against her former husband. She sought to enforce a decree from a New York state court,…
at law,
suit in equity
, or other proper
proceeding
for redress." [^maj-19]: Such a procedure would not be contrary to the well-settled rule that § 1983
actions
do not require exhaustion of other remedies. See,…
). In Wisconsin partition is a remedy under both the statutes and common law. Partition applies generally to all disputes over property held by more than one party. This court has already…
Civil ProcedureMotions · Posttrial motions, including motions for relief from judgment and for new trialUBEFoundational