New matter

new matter

n. newly claimed facts or legal issues raised (brought up) by a defendant (the party being sued) to defend himself/herself/itself beyond just denying the allegations in the complaint filed by the person bringing the lawsuit (plaintiff). Such new matters are called "affirmative defenses." (See: answer)

NEW MATTER, pleading. All facts alleged in pleading, which go in avoidance of what is before, pleaded, on the opposite side, are called new matter. In other words, every allegation made in the pleadings, subsequent to the declaration, and which does not go in denial of what is before alleged on the other side, is an allegation of new matter; generally, all new matter must be followed by a verification. (q.v.) Gould, Pl. c. 3, Sec. 195; 1 Saund. 103, n. 1; Steph. PI. 251; Com. Dig. Pleader, E 32; 2 Lev. 5; Vent. 121; 1 Chit. PI. 538; 3 Bouv. Inst. n. 2983. In proceedings in equity, when new matter has been discovered by either plaintiff or defendant, before a decree has been pronounced, a cross bill has been permitted to bring such matter before, the court to answer the purposes of justice. After the answer has been filed, it cannot be introduced by amendment; the only way to introduce it, is by filing a supplemental bill. 4 Bouv. Inst. n. 4385-87; 1 Paige 200; Harring. Ch. 438.

References in classic literature ?
He was restive all through it; he kept tally of the details of the prayer, unconsciously -- for he was not listening, but he knew the ground of old, and the clergyman's regular route over it -- and when a little trifle of new matter was in- terlarded, his ear detected it and his whole nature re- sented it; he considered additions unfair, and scoun- drelly.
We exchanged a cordial Good Night, and I went home, with new matter for my thoughts, though with no relief from the old.
As Sir Philip Sidney, Spenser's friend, says: "Do they not know that a tragedy is tied to the laws of Poesie and not of History, not bound to follow the story, but, having liberty, either to fain a quite new matter, or to frame the history to the most tragical convenience?
It was then that Harvey noticed and admired what had never struck him before - his father's curious power of getting at the heart of new matters as learned from men in the street.
AmnioChor expanded its executive offices early this year to become a founding member of the new MATTER Chicago healthcare incubator group, and continues to seek investors and strategic partners in the US and globally.
New Matter said it has unveiled its production MOD-t 3D printers at CE Week in New York.
Technology is evolving, too, with almost half planning to "improve or evaluate a new matter management and/or e-billing systems in the next 12 months.
Hiring swords, knifes or rifles is not a new matter, and we should not be astonished at what we follow lately about the possibility of offering weapons of mass destruction by a number of countries like what has happened when Turkey and Saudi Arabia gave poisonous, chemical materials to the armed terrorist groups in Syria to find pretexts and launch aggression on Syria," Mikdad said in an article published on Lebanese al-Bin Newspaer.
With help from finance, obtain the last couple years of opened matters and then obtain new matter summaries monthly.
There should be a proper action against these practices, however it is not a new matter.
Next, he makes the statement that no one can create wealth because new matter cannot be created.
He is now in discussions with Physical Review D for the discovery of a possible new matter phase.

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