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NeCede's

Maxim 9.4.9

It matters not what is known to the judge, if it is not known to him judicially.

Non refert quid notum sit judici, si notum non sit in forma judicii.

Source: Bouvier's Law Dictionary; 3 Buls. 115 Difficulty 2/5 — Approachable

Explanation

A judge's private knowledge cannot substitute for evidence properly before the court — what the judge knows as a man is irrelevant unless established through the formal record. (Duplicate maxim — see also 1.5.165.)

Where this applies

  • The judge seems to know the facts personally but the information isn't in the court record.
  • The judge is using private knowledge that was never presented as evidence.
  • Even though the judge knows something personally, it can't be used unless it's in the official record.

Legal domains

evidenceprocedural

See also

Cite this maxim

NeCede Max. 9.4.9 — It matters not what is known to the judge, if it is not known to him judicially. — Bouvier's Law Dictionary; 3 Buls. 115 (Non refert quid notum sit judici, si notum non sit in forma judicii.)

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