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NeCede's

Maxim 9.5.18

Truth is lost by excessive altercation.

Source: Hob. 344; Weisman, 101k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Excessive dispute and prolonged argument obscure rather than reveal the truth; courts and advocates should seek clarity and directness rather than exhaustive contention.

Where this applies

  • Two lawyers spend three days arguing over the meaning of a single comma in a contract, and by the end neither the judge nor the jury can remember what the actual dispute was about.
  • A witness is cross-examined so aggressively and for so long that her original clear testimony becomes muddled — the excessive questioning has obscured the facts rather than clarifying them.
  • Opposing parties file so many motions and counter-motions over a procedural issue that the court loses sight of the underlying merits of the case.

Legal domains

Cite this maxim

NeCede Max. 9.5.18 — Truth is lost by excessive altercation. — Hob. 344; Weisman, 101k

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