Legal Definitions - Matter of Record

The term Matter of Record refers to any information, event, or statement that has been formally documented and officially preserved. This documentation can exist in various forms, such as public archives, court transcripts, government registries, or other authoritative sources. Because it is officially recorded, a "matter of record" can be reliably referenced, verified, and used as definitive proof or evidence in legal proceedings, administrative actions, or public discourse. It provides an undeniable and verifiable account of what occurred or was stated, ensuring transparency and accountability.

Here are some examples to illustrate the concept of a "Matter of Record":

• Example 1: A Judge's Final Judgment in a Civil Case

  After a trial concludes, a judge issues a written document detailing their decision, including findings of fact, conclusions of law, and the final ruling (e.g., who wins, what damages are awarded). This document is then officially filed with the court clerk.

  How it illustrates the term: This written judgment becomes a permanent "matter of record." It is an official, verifiable document that conclusively states the outcome of the case. Any party wishing to appeal the decision, enforce the judgment, or simply understand the legal resolution would refer to this official court record.

• Example 2: A Property Deed Filed with the County Recorder

  When someone buys or sells real estate, a legal document called a deed is signed, transferring ownership from one party to another. This deed is then submitted to the local county recorder's office, where it is officially stamped, indexed, and stored in public records.

  How it illustrates the term: The recorded deed is a "matter of record" that legally establishes who owns a particular piece of property. It provides undeniable proof of ownership and any associated encumbrances (like mortgages). Anyone can access these public records to verify property ownership, and the information contained within the deed is considered legally binding and accurate.

• Example 3: Testimony Given Under Oath During a Deposition

  In legal discovery before a trial, a witness may be required to give sworn testimony outside of court, known as a deposition. A court reporter is present to transcribe every word spoken, creating a written transcript of the entire proceeding.

  How it illustrates the term: The official transcript produced by the court reporter is a "matter of record." It captures the witness's exact statements made under oath. This record can later be used in court to refresh the witness's memory, to challenge their credibility if their trial testimony differs, or even to be read into evidence if the witness is unavailable for trial.