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NeCede's

Maxim 1.5.314

The court has nothing to do with what is not before it.

Nihil habet forum ex scena.

Source: Wharton, II-507 Difficulty 3/5 — Intermediate

Explanation

A court may only adjudicate matters properly brought before it in the case at bar — it has no authority to reach out and decide questions not raised by the parties or presented in the pleadings.

Where this applies

  • A judge in a breach-of-contract case sua sponte raises an unrelated antitrust issue that neither party briefed, and the appellate court reverses because the trial court exceeded the case before it.
  • A family court modifies a custody order to address the parents' property dispute, even though no property claim was filed, and the order is vacated because the court acted on matters not before it.
  • A probate judge uses a will contest to rule on the validity of a trust that was never challenged in the proceeding, and the ruling is overturned because the court can only decide what is properly presented to it.

Legal domains

Cite this maxim

NeCede Max. 1.5.314 — The court has nothing to do with what is not before it. — Wharton, II-507 (Nihil habet forum ex scena.)

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