1. A subject under consideration, esp. involving a dispute or litigation; CASE(1) (this is the only matter on the court’s docket today).
2. Something that is to be tried or proved; an allegation forming the basis of a claim or defense (the matters raised in the plaintiff’s complaint are not actionable under state law).
matter in deed.
1. A matter that can be proved by a writing under seal.
2. See matter of fact.
matter in pais (in pay). A matter of fact that has not been recorded in writing and that must therefore be proved by parol evidence.
matter of fact. A matter involving a judicial inquiry into the truth of alleged facts.
— Also termed matter in deed.
matter of form. A matter concerned only with formalities or noncritical characteristics (the objection that the motion was incorrectly titled related to a matter of form). Cf. matter of substance.
matter of law. A matter involving a judicial inquiry into the applicable law.
matter of record. A matter that has been entered on a judicial or other public record and therefore can be proved by producing that record.
matter of substance. A matter concerning the merits or critical elements, rather than mere formalities (the party objected because the motion was based on a repealed statute that related to a matter of substance). Cf. matter of form.
new matter. A matter not previously raised by either party in the pleadings, usu. involving new issues with new facts to be proved.
special matter. Common-law pleading. Out-of-the-ordinary evidence that a defendant is allowed to enter, after notice to the plaintiff, under a plea of the general issue.
