Definition and Principle
The Doctrine of Adherence of Jurisdiction, also known as continuity of jurisdiction, posits that once a court acquires jurisdiction over a case, its jurisdiction to proceed to its final determination continues. This means that jurisdiction, once it has attached, cannot be ousted by subsequent happenings or events. The court retains jurisdiction even if subsequent events or legislation occur which, had they existed at the time of commencement, would have prevented jurisdiction from attaching in the first instance.
Effect of Subsequent Events or Legislation
Under this doctrine, a court that has already obtained jurisdiction over a controversy is not divested of its authority to proceed to final determination merely because new legislation transfers jurisdiction over such proceedings to another tribunal. The court's jurisdiction continues until the case is finished or disposed of. Jurisdiction attaches from the time the action is commenced.
Exceptions to the Doctrine
The doctrine of adherence of jurisdiction is subject to exceptions. Exceptions include:
- When a newly enacted statute changing jurisdiction is curative in character.
- When a newly enacted statute changing jurisdiction is expressly given retroactive effect.