Also known as: heretofore
Written by attorneys · grounded in primary & secondary sources — see below
A temporal adverb denoting the period up to the present time or a referenced past moment.
Select any source to read its text and confirm it supports the definition.
Hiroshi Hasegawa lost his footing on a wet floor and instinctively reached for a nearby railing. His grasping motion qualified as an act because his mind directed the muscular contraction even under sudden pressure. The court applied the prior understanding of volitional conduct to determine liability.
Hannah Hughes moved for a new trial after the jury returned a verdict against her in a contract dispute. The court considered whether grounds existed that had been recognized up to that point in federal actions at law. The motion succeeded because the prior standard permitted relief for prejudicial errors.
Henry Harrison requested a new trial following the court's findings in an equity suit over partnership assets. The judge evaluated whether circumstances justified reopening the matter under standards applied up to that time in federal equity practice. Relief was granted because the record showed incomplete findings.
Harriet Hamilton challenged a state statute limiting reproductive choices under the framework recognized up to that point in federal constitutional law. The court examined whether the prior approach protected a fundamental liberty interest. The analysis turned on whether the statute imposed an undue burden.
Hakim Hall sued in federal court under diversity jurisdiction seeking equitable relief for breach of fiduciary duty. The court applied the remedial principles recognized up to that time in suits in equity. The outcome depended on whether state law altered those longstanding standards.
Harper Hill contested a city's appropriation of land without payment. The court reviewed whether just compensation was required under the standards recognized up to that time in eminent domain proceedings. The decision hinged on whether the taking implicated due process protections.
Both terms refer to time preceding the present, but hitherto appears less frequently in modern rules and is often treated as interchangeable with heretofore in restatements and procedural provisions.
Supporting sources
No. The term simply identifies the temporal reference point for the standard being incorporated. The rule itself continues to govern current disputes under that historical benchmark.
…legislation of 1803, 43 Geo. 3, c. 58, § 1, referred to in the text, infra , at 136, states that "no adequate means have been hitherto provided for the prevention and punishment of such offenses." [^maj-27]: Commonwealth v. Bangs , 9 Mass. 387, 388 (1812); Commonwealth v. Parker , 50 Mass. (9 Metc.) 263, 265-266…