Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting that a specified action or determination may occur at any time the requisite conditions arise. The phrase signals that timing restrictions do not apply once the triggering facts exist.
Sources & Authorities
How it applies
Common Examples
6
Late Discovery of Jurisdictional Defect
Quade Quincy sued Quest Capital in federal court on state-law claims. After discovery closed, the court realized the parties lacked complete diversity. The court dismissed the action even though trial was imminent.
Post-Removal Jurisdictional Challenge
Quinton Quimby removed a state case to federal court. Two months later Quincy Bank moved to remand, asserting the amount in controversy was insufficient. The district court remanded the case before any final judgment.
Resale of Identified Goods
Quintessential Goods sued Quinlan Quezada for the price of custom equipment identified to the contract. When a new buyer appeared, Quintessential Goods resold the equipment before judgment and credited the proceeds to Quezada.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Spousal Support Petition
Queenie Quick separated from her spouse and waited four years before filing for support. The court awarded alimony based on need and ability to pay even though no divorce action was pending.
Articles Amendment After Formation
Quest Pharmaceuticals decided to expand its corporate purpose five years after incorporation. The board proposed and shareholders approved an amendment deleting the original purpose clause.
Cure of Monetary Default
Quincy Quan received a foreclosure notice on his home. Three weeks before the scheduled sale he tendered the full amount due by certified check, thereby curing the default.
Common questions
Frequently Asked
5
Can a court raise lack of subject-matter jurisdiction after trial begins?+
Yes. The rule requires dismissal whenever the court determines it lacks subject-matter jurisdiction, including during or after trial.
Does the phrase allow a seller to resell goods after suing for the price?+
Yes. The seller may resell identified goods at any time before collecting the judgment and must credit the net proceeds to the buyer.
May a spouse seek support payments years after separation without filing for divorce?+
Yes. In some states a spouse may petition for alimony or child support at any time based on need and ability to pay.
Can a corporation amend its articles long after formation?+
Yes. A corporation may amend its articles at any time to add, change, or delete permitted provisions.
Is there a deadline to cure a monetary default before foreclosure?+
Yes. Cure is allowed at any time after notice but no later than two days before the scheduled or postponed foreclosure sale.
410 U.S. 113 (1973)Constitutional Law
…effect in a majority of States today are of relatively recent vintage. Those laws, generally proscribing abortion or its attempt at any time during pregnancy except when necessary to preserve the pregnant woman's life, are not of ancient or even of common-law origin. Instead, they derive from statutory changes effected, for the…