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NeCede's

Maxim 1.5.83

It is useless to prove that which, being proved, would not avail.

Frustra probatur quod probatum non relevat.

Source: Halk. Max. 50; Jackson; Weisman, 39u Difficulty 2/5 — Approachable

Explanation

Evidence that has no bearing on the issue should not be admitted — the court's time is not to be consumed by proof of immaterial facts.

Where this applies

  • A party wants to prove something that would not change the outcome of the case.
  • Evidence is offered on a point that is irrelevant to the legal issues.

Legal domains

inheritanceproperty

Cite this maxim

NeCede Max. 1.5.83 — It is useless to prove that which, being proved, would not avail. — Halk. Max. 50; Jackson; Weisman, 39u (Frustra probatur quod probatum non relevat.)

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