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.
When the case against Andrew Finnegan was called at Paisley Sheriff Court and no explanation was given for his non-appearance, the Crown confirmed that, although he had been ordered to stay out of trouble during the period of deferral, there was a new matter to be reported.
New Matter revolutionized the 3D printing industry only three years ago by crowdfunding and successfully delivering the highest quality, most affordable desktop 3D printer ever seen.
When a firm is approached by a prospective client on a new matter, the following information of the client is required to be obtained in order to identify who the client is:
The firm supports the event with a sponsorship, and then the next day a potential client calls about a new matter.
Providers likely to use their immigration new matter starts before the end of March 2018 can request supplementary matters from their contract manager.
Iridium's new Matter module enables partners and pricing analysts to create matter plans, and then monitor actual performance as the matter is being worked.
He was sent to the court for sentencing for the new matter on July 28.

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