Legal Definitions - impertinent

In legal contexts, something is considered impertinent if it is irrelevant, inappropriate, or not properly related to the matter being discussed, decided, or presented in a legal proceeding. It refers to information, questions, or statements that do not bear on the issues at hand and are therefore out of place or improper.

Here are some examples to illustrate this concept:

• Example 1: Cross-Examination in a Criminal Trial

  During a trial for theft, the defense attorney is cross-examining a witness who claims to have seen the defendant near the crime scene. The attorney asks, "Isn't it true that you failed your high school math class?"

  Explanation: This question is impertinent because the witness's past academic performance in math has no bearing on their ability to observe events or their credibility regarding what they saw near the crime scene. It is irrelevant to the facts of the theft case.

• Example 2: Content of a Legal Filing

  A plaintiff files a motion with the court seeking to compel discovery from the defendant. In the motion, the plaintiff includes several paragraphs detailing their personal struggles with a chronic illness, which is entirely unrelated to the discovery dispute or the underlying legal claims of the lawsuit.

  Explanation: The information about the plaintiff's personal health struggles is impertinent to the motion to compel discovery. While perhaps personally significant, it does not provide legal grounds for compelling discovery and is therefore inappropriate for inclusion in a formal legal filing addressing a specific procedural issue.

• Example 3: Questions During a Deposition

  In a lawsuit concerning a workplace discrimination claim, a lawyer conducting a deposition asks the witness, "What are your personal opinions on the current state of the national economy?"

  Explanation: This question is impertinent because the witness's personal views on the national economy are completely unrelated to the facts, allegations, or defenses involved in a workplace discrimination lawsuit. Such a question would likely be objected to as irrelevant and outside the scope of proper discovery.