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.
'After due consideration, it has become manifestly clear that petitioners' arguments are mere reiterations of points and issues which were discussed and addressed in the Resolution sought to be reconsidered and since no new matter and argument had been raised, we find no cogent reason to justify the modification, amendment or reversal of our ruling,' said the appeals court, through Associate Justice Victoria Isabel A.
However, if we find any new matter which would materially affect our business results in the future, we will disclose such new matter promptly, as soon as it comes to our attention."
Through data analytics tailored to the specifics of a department's matter profile, prior matters can be analyzed to guide new matter budgets and develop likely scenarios for pricing assumptions.
If so, have those led to a follow-up meeting, a pitch or a new matter? This is a longer-term process and measurement scheme.
"There should be a proper action against these practices, however it is not a new matter. It is a woman who becomes a victim always.
When a new matter is established during the client intake process, the IT department at the firm creates a folder in NetDocuments and pushes the folder into the workspace for that matter.
The new Spicketts Battrick Law Practice will continue to offer free weekly surgeries for family matters and personal injury claims along with a free advice evening for any potential new matter at the Cardiff location.
In addition, by forcing the burden of proof on the taxpayer and assessing the corporation with an accuracy-related penalty, the court indicated that the decision was not a "new matter," but was already documented law.

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