Legal Definitions - nul tiel record

Nul tiel record is a legal defense used in court, literally meaning "no such record" in Law French. It is invoked when one party in a lawsuit, typically the defendant, denies the existence or legal validity of an official court record or public document that the opposing party (the plaintiff) is relying upon as the basis for their claim. Essentially, the defendant is asserting that the specific record alleged by the plaintiff either does not exist, is materially different from what is claimed, or is legally void on its face.

The challenge in a "nul tiel record" defense is directed at the *record itself*, not necessarily the truthfulness of the information contained within it. The court's task is then to determine whether the alleged record exists as presented and is legally valid.

• Example 1: Challenging a Prior Judgment

  Imagine a situation where a creditor sues a debtor in State B, claiming the debtor owes them money based on a judgment the creditor supposedly obtained against the debtor in State A. The debtor responds with a nul tiel record plea, arguing that no such judgment was ever entered against them in State A's court, or that the document presented by the creditor is not an authentic copy of a valid judgment. The debtor is not disputing whether they originally owed the money, but rather the existence and validity of the specific judgment record that forms the foundation of the creditor's current lawsuit.

• Example 2: Disputing a Public Filing

  Consider a lawsuit where a plaintiff claims ownership of a piece of land, asserting that a specific deed recorded in the county land records proves their title. The defendant, who also claims ownership, files a nul tiel record defense. They might argue that while a document resembling a deed exists, the specific deed referenced by the plaintiff was never properly recorded according to legal requirements, or that the recorded version contains a fundamental defect (like a missing signature or improper notarization) that renders it void on its face. In this context, the defendant is claiming that the document, as a legal "record" of title, is non-existent or invalid.

• Example 3: Denying a Court Order's Existence

  A government agency files a lawsuit to enforce a specific obligation, presenting what it claims is a certified copy of a court order from several years ago that established this obligation. The alleged obligor files a nul tiel record defense, asserting that the specific court order cited by the agency either never existed, or that the document presented is a forgery, or that the order was previously vacated or superseded by a subsequent court ruling and is therefore no longer a valid, enforceable record. The obligor is directly challenging the foundational court order that the agency is using to prove the existence of the obligation.