Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase used to caption judicial proceedings that lack formally adverse parties and instead address a thing such as an estate or a family status determination.
Sources & Authorities· 1 primary source
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Uniform Acts
Restatements
Casebooks
Study Supplements
How it applies
Common Examples
6
Marriage Dissolution Caption
Imani Idowu files a petition seeking dissolution of her marriage to Irene Ingalls. The clerk captions the action In re the Marriage of Idowu and Ingalls under the governing statute. The title signals that the proceeding concerns marital status rather than a dispute between opposing litigants.
Juvenile Delinquency Proceeding
Police charge fifteen-year-old Iain Irons with theft. The state files a petition in juvenile court. The caption reads In re Iain Irons to reflect that the matter determines the minor's status rather than pitting the state against an adult defendant.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Constitutional Claim Caption
Iris Irons sues federal agents for an alleged Fourth Amendment violation during a search. Counsel files the complaint as a Bivens action. The docket clerk lists the case without an In re prefix because adverse parties appear on both sides.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Custodial Interrogation Matter
Officers arrest India Inoue on suspicion of robbery. She moves to suppress statements made before receiving warnings. The resulting appeal carries an ordinary party-versus-party caption because the dispute involves two opposing litigants rather than a status determination.
Miranda v. Arizona384 U.S. 436 (1966)
Zoning Permit Dispute
Ivy Investments seeks a permit to operate a group home. The city denies the application. The company sues the city in federal court. The caption lists the parties by name because the litigation presents a direct controversy between adverse entities.
City of Cleburne, Texas, et al. v. Cleburne Living Center, Inc., et al.473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985)
Economic Regulation Challenge
Inertia Dynamics challenges a state labor statute limiting work hours. The bakery owner sues the state attorney general. The case caption uses party names because the proceeding resolves a concrete dispute between opposing litigants rather than adjudicating a status or estate.
Lochner v. New York198 U.S. 45 (1905)
Common questions
Frequently Asked
3
When must a family-law filing use an In re caption?+
A dissolution, legal-separation, or invalidity proceeding must be captioned In re the Marriage of the two spouses. A custody or support proceeding must be captioned In re the Custody or Support of the child.
Supporting sources
Does In re appear only in uncontested matters?+
The phrase typically signals proceedings without formally adverse parties, such as estate administrations or status adjudications. Party-versus-party litigation uses ordinary captions even when constitutional or procedural issues arise.
Supporting sources
How does a student spot an In re caption on an exam?+
Look for the phrase followed by a thing or status rather than opposing names. The caption itself tells the reader that the case concerns a non-adversarial determination such as marital status or a juvenile matter.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…with good medical practice and under circumstances that do not violate the laws of the community in which he practices. "In the matter of abortions, as of any other medical procedure, the Judicial Council becomes involved whenever there is alleged violation of the Principles of Medical Ethics as established by the House of…