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NeCede's

Maxim 1.5.40

That which, if proved, would not be relevant, ought not to be heard.

Allegari non debuit quod probatum non relevat.

Source: 1 Chan. Cas. 45; Jackson; Weisman, 99o Difficulty 1/5 — Foundational

Explanation

Irrelevant allegations waste the court's time — a party should not be permitted to allege what, even if proved, would have no bearing on the outcome.

Where this applies

  • A party tries to introduce evidence that has no bearing on the case.
  • A lawyer raises an issue in court that would not matter even if proven true.

Legal domains

contract

Cite this maxim

NeCede Max. 1.5.40 — That which, if proved, would not be relevant, ought not to be heard. — 1 Chan. Cas. 45; Jackson; Weisman, 99o (Allegari non debuit quod probatum non relevat.)

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