Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase meaning under the name. It appears in case citations to signal that the litigation proceeded under a different party name after an earlier stage.
Sources & Authorities· 3 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Dictionaries
How it applies
Common Examples
6
Appeal Caption Update
Sarah Sullivan files a brief citing an earlier decision that began under one party name. After the appeal the case caption changed when a successor in interest was substituted, so she writes the citation with sub nomine to reflect the new name. The court accepts the citation and applies the holding to the later-named party.
Due Process Citation Shift
Steven Silva writes a motion arguing that a state procedure satisfies constitutional requirements. He cites the controlling precedent that began under one caption and was later decided under a different state official's name. The notation sub nomine alerts the court to the correct current caption while preserving the original holding.
Samantha Stone cites an automobile search case in her suppression motion. The original defendants were replaced on appeal by the United States as the named party, so she adds sub nomine to show the final caption. The trial court recognizes the precedent under its revised name and denies the motion.
Carroll v. United States267 U.S. 132 (1925)
Conspiracy Liability Citation
Scott Summers includes a venue ruling in his brief on multiple-defendant liability. The case changed names when the government substituted parties after the initial indictment, so he uses sub nomine to identify the final decision. The district court follows the cited authority without confusion over the caption.
Hyde v. United States225 U.S. 347, 369
Antitrust Precedent Reference
Simon Stern cites an early Sherman Act decision involving manufacturing combinations. The original corporate defendants were succeeded by the United States as petitioner on review, so he inserts sub nomine to reflect the later style. The court of appeals applies the rule under the updated caption.
United States v. E. C. Knight Co.156 U.S. 1 (1895)
Evidence Ruling Name Update
Seth Shapiro cites a decision on the sufficiency of proof in a price-fixing prosecution. The case caption changed when the government became the petitioner after the initial appeal, so he adds sub nomine to direct the court to the final reported name. The trial judge relies on the precedent under its revised designation.
United States v. United States Gypsum Co.333 U.S. 364, 395 (1948)
Common questions
Frequently Asked
3
When should a writer insert sub nomine in a case citation?+
A writer inserts sub nomine when the case name changed between an earlier and a later stage of the same litigation. The notation signals that the cited decision appears under a different caption in the final report.
Does sub nomine affect the precedential value of the cited case?+
No. The phrase merely identifies the correct current caption. The holding and reasoning remain authoritative regardless of the name change.
Is sub nomine required in every citation that involves a name change?+
It is conventional but not mandatory. Many writers use it to avoid confusion when the parties or the governmental entity changed during the proceedings.
9 Ex. 341, 156 Eng. Rep. 145 (1854)Remedies
…plaintiffs were desirous of having a new crank shaft made for the mill and had ordered the same of certain persons trading under the name of W. Joyce & Co., at Greenwich, who had contracted to make the said new shaft; but before they could complete the new shaft it was necessary that the broken shaft should be forwarded to…