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

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 ?
As a matter of record, Charles Roth was present to discuss with the Board having all back issues of the Societies' journals scanned placed on CD, and eventually on-line.
As a matter of record, Karl Glasener, the Societies' Director of Science Policy, presented an informational report on his activities.
As a matter of record, the Board was informed that the Agronomic Science Foundation was requested to raise $10 000 to fund an intern position with the Director of Science Policy.
As a matter of record, James O'Rourke, SRM President, presented an informational report on SRM activities.
Although the CSSA Perspective on Biotechnology had been approved earlier by email, action was taken at this meeting as a matter of record.
As a matter of record it was reported that the Societies are in the process of developing a position paper on biotechnology.
As a matter of record, Jeff Volenec, CSSA Editor-in-Chief, presented a report on various editorial activities taking place in the Society.
Korpi said the footage is a matter of record that can't be changed.
Note: This press release is being issued as a matter of record only and does not constitute an offer to sell or a solicitation of an offer to purchase securities.
This press release appears as a matter of record only, and does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of these securities in any state or other jurisdiction in which the offer, solicitation or sale would be unlawful prior to registration or qualification under the security laws of any state or other jurisdiction.