Also known as: ne unques executor · ne unques seised · never
Written by attorneys · grounded in primary & secondary sources — see below
A Law French term meaning never, used in common-law pleadings to deny that a fact or status ever existed.
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Neville Norton filed a complaint attacking an un enforced criminal statute. In his answer the state pleaded ne unques to deny that the statute had ever been applied to Norton or anyone similarly situated. The court dismissed the action because the denial established the absence of any realistic threat of enforcement.
Nora Nash sought to place her newborn for adoption. The biological father pleaded ne unques to deny that he had ever lived with the child or paid support. The court held the denial sufficient to eliminate his right to veto the adoption.
Natasha Nielsen ran a television commercial depicting herself trying a jury case. Opposing counsel pleaded ne unques to deny that Nielsen had ever tried a case to verdict. The disciplinary board accepted the denial and sanctioned the advertisement as false.
Norman Nash sued in federal court under state tort law. The defendant pleaded ne unques to deny that any federal right had ever been asserted. The court applied state substantive law after accepting the denial of a federal question.
Nadia Novak petitioned to have her out-of-state marriage recognized. The state pleaded ne unques to deny that the marriage had ever been valid under state law. The court rejected the denial and required recognition of the union.
Nyah Ndlovu challenged a city landmark designation of her building. The city pleaded ne unques to deny that the designation had ever deprived her of all economic use. The court upheld the designation after finding the denial consistent with the regulatory record.
The phrase is Law French for never and functions as a formal denial in common-law pleadings.
It is pleaded in common-law actions to deny that a particular fact or legal status ever existed.
No. The plea itself constitutes the denial. Evidentiary support is reserved for later stages of the case.
…to disclose what had been done with the commissions. The court opined he was not bound to say what had become of them; if they never came to Mr. Madison's possession, it was immaterial to the present cause what had been done with them by others. To the other questions he answered that he had seen commissions of justices…