Matter of Record


Also found in: Dictionary, Idioms.

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. 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 ?
I should have thought that the last one of these - "And was Jerusalem builded here, among these dark satanic mills?" might provide a bit of a clue that the song is not attempting to be a matter of record.
Melbourne, Australia, July 18, 2012 - (ABN Newswire) - The Directors of Oil Basins Limited (ASX:OBL) are pleased to make the following ASX announcement as a matter of record so as to keep the market fully informed.
Baker'ss elling point Winninga reputationassomething of a selling king will not have beenhighamongtrainerGeorge Baker's ambitions, but it is a matter of record that National Hope,whowonthe6fsellerhere, was his 11th winner in such companyfromjust21runners.
He said the previous assault on Barnett in 2005, who was working as a bailiff but was retraining as an electrician, was a matter of record.
Addressing the centenary celebrations of the Council here, Ansari said: "It is a matter of record that over the years the Council distinguished itself by taking initiatives for public welfare.
The impact of that publicity is hard to measure but the numbers coming through the door is a matter of record: some 110,000 already - a remarkable figure that will mean that 2011 is the most successful in the relatively short history of the Baltic.
Murdoch's support for Zionism extremists is well known and as a matter of record; the New York Governor, George Pataki said 'There is no newspaper in the US more supportive of Israel than Murdoch's New York Post.
It means everyone has to tread very carefully and remain aware to the possibility that off-the-cuff remarks, whether said in jest or not, can just as easily now become a matter of record.
Everton-Fulham looks ripest for lumpy-odds drama today, with Everton's never-say-die attitude a matter of record.
It is a matter of record that I voted for civil partnerships.
I, as a matter of record, have no secrets, and my technical position is well documented in the NHDES public record and my NH Supreme Court filings.
These people are well-known in financial circles and their opinions are a matter of record, so I don't know how Arthur is not aware of them.