Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting the present position or state of a matter or proceeding. It identifies the existing factual and legal circumstances at a given moment for purposes of applying jurisdictional or formation rules.
Sources & Authorities· 16 primary sources
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Uniform Acts
How it applies
Common Examples
6
Child Custody Evidence Location
Idris Ives and Isabella Ingram dispute custody of their child after moving from State A. A court in State B evaluates whether substantial evidence concerning the child's care and relationships remains available locally. In hoc statu, the presence of that evidence allows State B to exercise jurisdiction under the statute.
Corporate Name Availability Check
Iris Energy seeks to incorporate in State A under the name Ideal Solutions. The secretary of state compares the proposed name against existing records. In hoc statu, the name of an active domestic corporation blocks registration because the records show it is not administratively dissolved.
Ines Ibarra forms Inertia Dynamics as an LLC in State A. The certificate lists the agent's name and in-state street and mailing addresses. In hoc statu, the filing satisfies the statute because the required agent information appears in the certificate of organization.
Home State Jurisdiction Timing
Igor Ito removes the child from State A six months before filing a custody petition. The parent remains in State A. In hoc statu, State A retains jurisdiction because it was the child's home state within the statutory six-month window.
Support Order Residency Basis
Ingrid Innes and her child previously lived together in State A. She later moves and seeks support enforcement. In hoc statu, State A may exercise personal jurisdiction over the nonresident parent because the individual resided with the child in the state.
Continuing Jurisdiction Loss
Ivy Ibarra and the child relocate permanently from State A after an initial custody order. No significant connection or substantial evidence remains locally. In hoc statu, State A loses exclusive continuing jurisdiction under the statute.
Common questions
Frequently Asked
1
What does in hoc statu signify in a jurisdictional analysis?+
It identifies the existing factual and legal circumstances at the moment a court applies a statute. The phrase directs attention to the current position of the parties and evidence when deciding whether jurisdiction exists or continues.
410 U.S. 113 (1973)Constitutional Law
…pregnancy with an intention other than to produce a live birth or to remove a dead fetus. "(b) An abortion may be performed in this state only if it is performed: "(1) by a physician licensed to practice medicine [or osteopathy] in this state or by a physician practicing medicine [or osteopathy] in the employ of the…