Matter of Record

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A phrase referring to anything that has been recorded, either in some public or judicial record, which can accordingly be proven by referring to that record. Lawyers often use this phrase to make reference to facts recorded during the course of a trial or hearing. A court reporter is tasked with keeping a record of all words spoken during trials, hearings, and depositions. The recording of matters of record at the trial stage is significant as this ensures that such issues are preserved for petitions for appeal and for appellate review, if granted. Findings of fact, evidence, motions, objections, rulings, verdicts, and statements made under oath such as testimony, affidavits, and sworn statements are examples of matters of record. Also, statements under oath that contradict prior statements may be stricken from the record unless the court finds that (1) the prior statement maker reasonably believed it to be true based on facts known at the time to the maker and that (2) the more recent statement was based on facts previously unknown and unknowable to the maker at the time the prior statement was made.

[Last updated in July of 2020 by the Wex Definitions Team]