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NeCede's

Maxim 9.4.4

Of things which do not appear and things which do not exist, the rule is the same.

De non apparentibus, et non existentibus, eadem est ratio.

Source: 5 Co. 6; Jenk. Cent. 207; Jackson, No. 185 Difficulty 1/5 — Foundational

Explanation

What is not brought before the court is treated as though it does not exist at all; a party who fails to produce evidence of a fact may not rely upon it.

Where this applies

  • The other side never presented evidence of their claim so it should be treated as if it doesn't exist.
  • They're relying on something they never brought to court.
  • If they didn't show it to the court it's the same as it not existing.

Legal domains

evidenceprocedural

See also

Cite this maxim

NeCede Max. 9.4.4 — Of things which do not appear and things which do not exist, the rule is the same. — 5 Co. 6; Jenk. Cent. 207; Jackson, No. 185 (De non apparentibus, et non existentibus, eadem est ratio.)

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