New Matter Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of New Matter, written in plain English, along with examples of how it is used.

What is New Matter?

It refers to all the facts which were brought into the trial by the defendant in his/her defence which surpasses ( counter arguing in defence) the allegations put up by the plaintiff. These new facts needs to be decalraed formally in writing and needs to be verified for its genuineness.

History and Meaning of New Matter

In law, new matter refers to any factual information or evidence that is introduced by the defendant in a lawsuit that goes beyond what the plaintiff alleged. The defendant must formally declare this information in writing and verify its genuineness. The introduction of new matter by the defendant provides an opportunity to argue and dispute the allegations made by the plaintiff.

In civil litigation, new matter can be used in various legal actions, including breach of contract claims, personal injury claims, and property disputes, to name a few. The introduction of new matter can lead to expanded investigations and extensive legal procedures, which can be time-consuming and costly.

Examples of New Matter

  1. In a personal injury lawsuit against a restaurant, the plaintiff alleges that they were injured after slipping on a wet floor. The restaurant's defendant introduces new matter that the plaintiff was wearing inappropriate footwear.
  2. In a breach of contract case between two businesses, the plaintiff alleges that the defendant did not fulfil their end of the contract. The defendant introduces new matter by claiming that the plaintiff did not meet their obligations either.
  3. In a patent infringement case, the plaintiff alleges that the defendant used their technology without their permission. The defendant introduces new matter by proving that the technology was discovered before the plaintiff's patent was filed.

Legal Terms Similar to New Matter

  1. Affirmative Defense: A legal defense wherein the defendant admits to committing the alleged act but provides justifications for their actions.
  2. Counterclaim: A claim made by the defendant against the plaintiff in response to the original lawsuit.
  3. Amended Pleading: A formal document filed by a party in a lawsuit that alters the factual allegations or legal claims made in their original pleadings.