Simple English definitions for legal terms
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Term: Matter of Record
Definition: Matter of record means anything that has been written down or recorded, like in a court or public record. This helps to prove that something happened or was said. For example, during a trial, a court reporter writes down everything that is said so that it can be referred to later. This is important because it helps to make sure that important information is not lost and can be used if there is an appeal. Things like evidence, statements made under oath, and verdicts are all examples of matters of record.
Matter of Record refers to anything that has been recorded in a public or judicial record. This record can be used as proof of the information recorded. Lawyers use this phrase to refer to facts recorded during a trial or hearing.
During a trial, a court reporter is responsible for keeping a record of all words spoken. This record is important because it preserves issues for petitions for appeal and for appellate review, if granted. Examples of matters of record include findings of fact, evidence, motions, objections, rulings, verdicts, and statements made under oath such as testimony, affidavits, and sworn statements.
For example, if a witness testifies under oath during a trial, their testimony becomes a matter of record. This means that their testimony can be referred to in the future as proof of what they said.
Another example is if a judge makes a ruling during a trial, that ruling becomes a matter of record. This means that the ruling can be referred to in the future as proof of what the judge decided.
It is important to note that statements made under oath that contradict prior statements may be stricken from the record unless the court finds that the prior statement maker reasonably believed it to be true based on facts known at the time to the maker and that the more recent statement was based on facts previously unknown and unknowable to the maker at the time the prior statement was made.