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Important; affecting the merits of a case; causing a particular course of action; significant; substantial. A description of the quality of evidence that possesses such substantial Probative value as to establish the truth or falsity of a point in issue in a lawsuit.

A material fact is an occurrence, event, or information that is sufficiently significant to influence an individual into acting in a certain way, such as entering into a contract. In formal court procedures, a material fact is anything needed to prove one party's case, or tending to establish a point that is crucial to a person's position.

A material issue is a question that is in dispute between two parties involved in litigation, and that must be answered in order for the conflict to be resolved.

A material witness is a person whose testimony is a necessary element of a lawsuit. An individual who is considered a material witness can be compelled to appear in court and provide testimony. In the event that the person's safety is endangered as a result of his or her planned or actual testimony, he or she may be given legal protection or held in Protective Custody.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


adj. 1) relevant and significant in a lawsuit, as in "material evidence" as distinguished from totally irrelevant or of such minor importance that the court will either ignore it, rule it immaterial if objected to, or not allow lengthy testimony upon such a matter. 2) "material breach" of a contract is a valid excuse by the other party not to perform. However, an insignificant divergence from the terms of the contract is not a material breach.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
It considered that the materialization of support from GCC countries would reduce market concerns, improve investor sentiment, and would help narrow Lebanon's spread to the 500 basis point range.
"This trend will no doubt speed up materialization of the Palestinian people's cause," Shamkhani said.
Summary: According to a report by Standard & PoorEe's (S&P), absent any materialization of geopolitical risks, the financial profiles of Islamic banks in the six Gulf Cooperation Council (GCC) countries is expected to stabilize through 2018.
But I want to focus only on the phenomenon of materialization, or the sudden appearance of something that was not there.
The work's content, Knorr tells us, is "the materialization of our history, of production, work, and leisure." This lush materialization, however, is almost paradoxical, as it emerges from the filling up of a void; it represents the absence of material.
: The International Monetary Fund (IMF) cautioned Pakistan authorities that the materialization of risks to the economic outlook could erode Pakistan's capacity to repay to the Fund, particularly in a context where Fund exposure is expected to increase further.
However, materialization of these projects would take several years, but size and scale of these projects would not deter us.
He stressed the need for materialization of partnership in global governance and establishing a lasting peace worldwide as ultimate goals of the NAM late founders.
Chen admitted that the materialization of the "virtual offshore zone" will meet many difficulties and will implicate complicated issue.
At the end, we all came to realize that the decision's materialization is yet to come, if we are smart.
Turkey will continue to work for the materialization of democratic change in Syria.
"The successful holding of the Tehran conference under the current conditions plays an important role in the materialization of the Palestinian people's rights," Pashazade said in a meeting with Iranian Parliament Speaker Ali Larijani on Sunday.