“Nisi.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/nisi. Retrieved 10 October 2022. A decree nisi or rule nisi (from Latin nisi “unless”) is a court order that comes into effect at a later date, unless a specific condition is met. [1] If the condition is not met, the judgment becomes an absolute decree (absolute rule) and is binding. [2] Generally, the condition is that an aggrieved party provide satisfactory evidence or arguments that the Order should not come into force (i.e., the Order should come into force unless the party proves that this should not be the case). [2] For this reason, a decree nisi can also be called a rule, ordinance or decree to explain the reasons. Thomas contradicts Aristotle by holding quod nullum ens esset nisi corpus. Populus longinquo propinquve populo vix habet commercium, nisi quod bello inferendo, aut defendendo potest interuenire. A Nisi rule is a court order or decision that takes effect at a later date and comes into force, subject to certain conditions being met. Hinc sequitur nimirum, vt pruinosa sit, & tam ventosa, sed flatu non nisi fer 72 algido.
In England and Wales, the minimum interval between the adoption of the Nisi Decree and the Absolute Decree was amended by the Family Law Act 1996[4] and is now six weeks. In practice, courts use an interval of six weeks and one day. In most common law countries, a decree nisi must be obtained in possession proceedings before the court orders enforcement under the mortgage foreclosure. If the parties do not object within the “waiting period”, the court`s decision becomes final. Another exception to injunctions is when a creditor attempts to impose a charge on amounts owed on land. A court issues an indictment order after presenting certain evidence and a hearing date is set. If, at the hearing, the court is satisfied that the creditor has the right to encumber the debtor`s assets, it issues a notice of absolute costs. The Nisi rule can also be seen as a court order to “show the case.” The definition can be broken down into its components. In other words, if you cannot prove a reason, the court order, rule or decree becomes effective and legally binding. This form of decision has recently become rare, with a few exceptions: in some jurisdictions, it is still a standard step in divorce proceedings.
In Hong Kong, England and Wales, section 1(5) of the Matrimonial Causes Act 1973[3] provides that “any judgment of divorce is primarily a judgment nisi and cannot be made final until six months after the date of issue”, and section 9(1) allows any person (including the Queen`s Overseer) before the judgment becomes absolute: “explain why the decree should not be absolutized because essential facts have not been brought before the courts.” For example, based on Article 554 of Article 15 of the V.S.A., the Vermont court may issue a Nisi Trial Judgment (a divorce decree), which becomes final 90 days after receipt of the order. Impotens vix dici potest, nisi propter aversionem sexualem a maribus. The assize judges, by virtue of their nisi prius commission, deal with the cases thus identified. The purpose of the Nisi Rule is to ensure that the other party is properly informed of the hearing so that they can prepare for the hearing. The term is used in many common law jurisdictions, but is more common in the United Kingdom than in the United States. [2] This is appropriate in the circumstances, as a rule becomes an absolute (or absolute) Order in Council unless a party is able to provide reasons. Let`s look at some examples of the application of the “Nisi” rule. In divorce cases, the court usually issues a divorce decree that takes effect at a later date, unless the parties can demonstrate sufficient reasons for the judgment not to take effect. A hearing under the Nisi Rule in divorce can be considered a temporary hearing (or application hearing) in which the parties present important aspects that need to be resolved in the short term.
If you are served with a Nisi rule, you should contact a lawyer to understand your rights and you should attend the scheduled hearing. For example, if a party serves documents on another party for a preliminary hearing, they can also serve a rule on Nisi. The purpose of a Nisi rule is to give the parties an opportunity to reflect on the matter and to give them the opportunity to be heard if they have objections. Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. In Georgia, before a preliminary hearing, a rule is issued to deal with matters related to divorce. Using the example of a divorce, the wording of such a judgment is usually in the form “that the marriage contracted on (date) between AB and CD is dissolved for reasons, UNLESS the court has reasonable cause not to render such absolute judgment within six weeks”. This gives each party who opposes the divorce time to raise these objections. If neither party objects, the dissolution by operation of law takes effect. For example, in Georgia, you can serve a party in a family matter with a Nisi rule. As a result, in child support and custody cases, a rule of nisi may be served on a party prior to a temporary hearing.