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NeCede's

Maxim 10.5.6

Things which do not appear are treated as though they do not exist; and not appearing judicially is the same as not being.

Quae non apparent non sunt; et non apparent judicialiter idem est ac si non essent.

Source: Jenk. Cent. 207; Co. Litt. 6b Difficulty 1/5 — Foundational

Explanation

What is not expressed in a record, instrument, or pleading cannot be relied upon; the law takes no notice of what is not brought before it.

Where this applies

  • Something not expressed in the record or pleading can't be relied upon.
  • If it's not in the instrument, the law takes no notice of it.
  • What's not stated judicially is the same as what doesn't exist.

Legal domains

interpretationprocedural

See also

Cite this maxim

NeCede Max. 10.5.6 — Things which do not appear are treated as though they do not exist; and not appearing judicially is the same as not being. — Jenk. Cent. 207; Co. Litt. 6b (Quae non apparent non sunt; et non apparent judicialiter idem est ac si non essent.)

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