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NeCede's

Maxim 1.5.165

It matters not what is known to the Judge, if it be not known judicially.

Non refert quid notum sit judici, si notum non sit in forma judicii.

Source: 3 Buls. 115; Jackson Difficulty 2/5 — Approachable

Explanation

A judge's private knowledge may not substitute for evidence properly before the court — only facts established through the judicial process may be relied upon for decision. (Duplicate maxim — see also 9.4.9.)

Where this applies

  • A judge personally knows facts about a case but those facts are not in the record.
  • A judge uses private knowledge instead of evidence presented in court.

Legal domains

contractinterpretation

See also

Cite this maxim

NeCede Max. 1.5.165 — It matters not what is known to the Judge, if it be not known judicially. — 3 Buls. 115; Jackson (Non refert quid notum sit judici, si notum non sit in forma judicii.)

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