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NeCede's

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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