in re

[Latin in rē : in, in + rē, ablative of rēs, thing, matter.]

(Lat., “in the matter of”), phrase used to designate cases lacking formally adversarial parties. It refers to the res (Lat., “thing”) that is the subject of the litigation, such as an estate or a physical object.

— William M. Wiecek

In re is a Latin phrase meaning “in the matter of.” When in re appears in the title of a court case, it means that the case does not have formal opposing parties. The use of in re refers to the object or person that is the primary subject of the case. For example, In re Winship (1970) was a case without adversaries. The state did not oppose the person to whom the title refers, Samuel Winship. Thus, Winship was not required in this case to defend himself in any way. Rather, this case dealt only with the standard of proof necessary to incarcerate a 12-year-old boy who had been sentenced and committed to a training school for juvenile offenders. The phrase in re is often used in cases involving preadult offenders, which are handled by the juvenile justice system.

See also In re Winship; Juvenile justice

[Latin, In the matter of.] Concerning or regarding. The usual style for the name of a judicial proceeding having some item of property at the center of the dispute rather than adverse parties.

For example, proceedings to determine various claims to the assets of a bankrupt company could be called In re Klein Company, or In the matter of Klein Company.

Sometimes in re is used for a proceeding where one party makes an application to the court without necessarily charging an adversary. This may be done, for example, where a couple seeks to adopt a child or an adult wants to change his or her name.

Such actions may instead use the English translation "in the matter of" or the Latin words ex parte. The final decision on the style to be used for a particular lawsuit is usually made by the clerk of the court.

in the matter of

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