Nisi
Literal meaning: “Unless”
What does the Latin term "Nisi" mean in law?
Nisi indicates that a court's order or decree will become final and absolute unless a specified condition is met or a party shows cause why it should not take effect within a given period. A decree nisi, for example, is a provisional order that will become a decree absolute after a waiting period unless cause is shown to prevent it. The term is most commonly encountered in divorce proceedings in common law jurisdictions, where a decree nisi marks the court's initial determination that the marriage should be dissolved, subject to a mandatory waiting period. Orders nisi also appear in procedural contexts such as rules to show cause, where a party must appear and present reasons why the court should not enter a particular order.
Source: Procedure · Legal Latin
Legal Definition
Nisi indicates that a court's order or decree will become final and absolute unless a specified condition is met or a party shows cause why it should not take effect within a given period. A decree nisi, for example, is a provisional order that will become a decree absolute after a waiting period unless cause is shown to prevent it. The term is most commonly encountered in divorce proceedings in common law jurisdictions, where a decree nisi marks the court's initial determination that the marriage should be dissolved, subject to a mandatory waiting period. Orders nisi also appear in procedural contexts such as rules to show cause, where a party must appear and present reasons why the court should not enter a particular order.
How It's Used
In family law, a decree nisi represents an intermediate step between the petition for divorce and the final dissolution of the marriage. In civil procedure, a rule nisi functions as a conditional order that becomes final if the opposing party fails to appear or fails to demonstrate sufficient grounds to vacate it.
Example Sentences
The court granted a decree nisi, and the divorce would become final in six weeks unless either party raised an objection.
The judge issued a rule nisi requiring the defendant to show cause within thirty days why the preliminary injunction should not become permanent.
After the decree nisi was entered, the respondent attempted to file a cross-petition for custody, but the court held it was untimely.