Legal Definitions - special matter

In legal contexts, "special matter" refers to a specific issue, fact, or defense within a legal case that requires particular attention or treatment because it falls outside the general scope of the dispute or standard legal arguments. It often involves circumstances that must be explicitly raised, proven, or addressed by one of the parties for the court or tribunal to consider them.

Here are some examples to illustrate this concept:

• Example 1: Affirmative Defense in a Contract Dispute

  Imagine a company, "BuildFast Inc.," sues a client for failing to pay for construction services. The client responds by arguing that they shouldn't have to pay because BuildFast Inc. used substandard materials, which was a breach of their agreement. However, the client also wants to argue that the entire contract is invalid because they were forced to sign it under extreme pressure from BuildFast Inc., a situation known as duress.

  The claim of duress is a special matter. It's not just a simple denial of the services or a dispute about the quality of work. It introduces a new set of facts and a distinct legal argument that, if proven, could void the entire contract. The client must specifically raise and provide evidence for this defense, as it's not part of the standard issues of whether services were rendered or payment was due.

• Example 2: Seeking an Exemption in Regulatory Compliance

  Consider a small manufacturing business that needs to comply with new environmental regulations regarding waste disposal. The general regulations require all waste to be processed through a specific, expensive treatment facility. However, this business has developed an innovative, proprietary method that recycles nearly all its waste on-site, achieving an even better environmental outcome than the standard facility, but it doesn't fit neatly into the existing regulatory categories.

  The business's request for an exemption or a variance based on its unique recycling method is a special matter. It requires the environmental agency to consider specific, detailed information about the business's unique process and its environmental benefits, rather than simply applying the general rule. The business must specifically present its case and demonstrate why its particular situation warrants an exception to the standard regulations.

• Example 3: Requesting Judicial Notice of a Fact

  In a civil lawsuit concerning a car accident, one party wants the court to accept that a particular intersection is known to be exceptionally dangerous due to its design, without having to bring in expert witnesses or extensive accident reports to prove this widely acknowledged fact. They ask the judge to take judicial notice of this fact.

  The request for judicial notice is a special matter. It's a specific procedural request asking the court to accept a fact as true without formal proof because it is either common knowledge or easily verifiable from reliable sources. This differs from presenting evidence through witness testimony or documents and requires a specific legal argument and a ruling from the judge on this particular point.