matter of record

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Matter of Record

Anything that has been entered in the formal written record of a court, which can be proved by the production of that record.

A court produces a lengthy written record of a trial. A matter of record is anything entered in the official court record, including pleadings, testimony, evidence, motions, objections, rulings, and the verdict. Any matter of record can be proved by producing the relevant document from the trial court record.

Proving matters of record is especially important in petitions for appeal. When appellate courts determine whether to hear an appeal, the existence of a matter of record can be decisive: the record can conclusively refute allegations contained in the petition. Thus, for example, an appeal based on something said in testimony must be supported by the record; if it is not, the court may deny the petition without any further consideration. An appellate court in most instances will not consider evidence, issues, or objections that were not made a part of the record at trial. Getting an issue into the record at trial is said to preserve the issue for appeal.

In general, matters of record are available to the public unless state law or court order prevents them from being released. For example, courts typically refuse to release the names of minors who are victims of sexual assault. Rhode Island's family court rules of practice provide another example; matters of record "involving scandal or immoral practices" are kept private except from the parties in interest or their representatives (R.I. R. Fam. Ct. Prac. Rule 3.3).

matter of record

n. anything, including testimony, evidence, rulings, and sometimes arguments which has been recorded by the court reporter or court clerk. It is an expression often heard in trials and legal arguments that "such and such is a matter of record" as distinguished from actions outside the court or discussions not written down or taped.

matter of record

noun a material part of the record, a point in question, accounted for on the record, chronicled, documented on the record, entered into eviience, entered into testimony, entered into the record, innroduced into evidence, introduced into testimony, on the record, part of the record, part of the recorded proceeddngs, part of the text of the record, part of the transcript, part of the transcription
Associated concepts: court testimony, estoppel by matter of record
See also: certificate

MATTER OF RECORD. Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialty. Vide Estoppel.

References in periodicals archive ?
By the time you read this the DVD+R9 media spec will be a matter of record.
It will be interesting to see the turnout in this vote and to see how many people do not mind that how they voted is a matter of record.
As a matter of record, 14,226 people turn 50 in Britain each week
Centerpulse was informed that all securities have been sold, and this announcement is a matter of record only.
In my letter of February 27, 1998--a matter of record, since it was sent not only to Kaelin and Henry Young but also to DanceAspen's legal counsel and to my own attorney--the only reference to that separation reads: "Reference has been made to the possibility, or even the probability, of separating the School from the Festival in an effort to ensure the financial stability of the School.
All of such securities having been sold, this announcement of their sale appears as a matter of record only.
But it was a matter of record that he knew the Hindujas very well.
His arrest in 1953 for importuning is a matter of record, but he'd have been appalled by the way it's been resurrected, dissected and discussed by newspapers.
This announcement is made as a matter of record only.
He won't discuss it, but certain items are a matter of record.