Legal Definitions - surplusage

Surplusage refers to language in a legal document that is unnecessary, irrelevant, or redundant, and does not contribute to the legal meaning or effect of the document. While it might seem harmless, surplusage can sometimes cause confusion, introduce prejudice, or simply make a document longer and less precise than it needs to be. In court pleadings, particularly criminal indictments, parties may ask a court to remove surplusage if it is both irrelevant to the charge and potentially prejudicial to a fair trial. Courts, however, are often reluctant to remove such language unless it meets strict criteria.

• Example 1: Criminal Indictment

  Imagine a defendant is charged with felony theft for stealing a valuable antique watch. The indictment includes a statement describing the defendant as "a known associate of a notorious criminal gang, with a history of petty larceny." The legal elements of felony theft typically require proving that the defendant unlawfully took property belonging to another with the intent to permanently deprive the owner of it, and that the property exceeded a certain value. The defendant's alleged gang affiliation or past minor offenses are not elements of the current felony theft charge.

  This descriptive language would be considered surplusage because it is irrelevant to proving the specific elements of the felony theft offense. Including it could unfairly prejudice a jury against the defendant by suggesting a general bad character, rather than focusing solely on the evidence related to the antique watch theft.

• Example 2: Civil Contract

  Consider a commercial lease agreement between a landlord and a tenant. A clause in the contract states, "The tenant shall pay the monthly rent on the first day of each month, and the tenant shall also remit payment for the rental amount by the first day of every month, and furthermore, the tenant is obligated to ensure the rent is paid no later than the first day of each month."

  The phrases "and the tenant shall also remit payment for the rental amount by the first day of every month" and "and furthermore, the tenant is obligated to ensure the rent is paid no later than the first day of each month" are surplusage. They all convey the exact same legal obligation to pay rent by the first of the month. These redundant phrases do not add any new meaning, clarify an ambiguity, or create a distinct legal duty, making them unnecessary.

• Example 3: Statute or Regulation

  A city council passes an ordinance stating, "It is unlawful for any person to operate a motor vehicle on public streets without a valid driver's license, and any individual who drives a car or truck on city roads without a current and unexpired license issued by the state is in violation of this ordinance."

  The second part of the sentence, "and any individual who drives a car or truck on city roads without a current and unexpired license issued by the state is in violation of this ordinance," is surplusage. The initial clause already clearly and completely establishes the prohibition. The subsequent language merely restates the same legal prohibition using slightly different words, adding no new legal scope, definition, or clarity to the ordinance.