Maxim 9.4.2
That which appears to the court does not need the aid of witnesses.
Quod constat curiae opere testium non indiget.
Source: 2 Inst. 662; Weisman, 39i
Difficulty 1/5 — Foundational
Explanation
Where a fact is within the court's own knowledge — from its records, its observation, or matters of which it takes judicial notice — witness testimony is unnecessary.
Where this applies
- The court already has this information in its own records.
- The judge can see the evidence directly so we don't need witnesses to explain it.
- The facts are already in the court's file and shouldn't need separate proof.
Legal domains
See also
Cite this maxim
NeCede Max. 9.4.2 — That which appears to the court does not need the aid of witnesses. — 2 Inst. 662; Weisman, 39i (Quod constat curiae opere testium non indiget.)
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