Duhaime's Law Dictionary


Dehors Definition:

French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate.

Related Terms: Law French

French for outside or unconnected with.

When used in the context of English legal proceedings, it refers to that which is irrelevant or outside the scope of, unconnected with the dispute.

Judges will decline to consider allegations of fact as dehors the record. On appeal, especialy, without leave to introduce new facts, any facts or evidence not before the court being appealed, are dehors the record.

For example, these words of the Supreme Court of United States in Waley v Johnston:

"The facts relied on are dehors the record and their effect on the judgment was not open to consideration and review on appeal."

John Ballentine's 1969 law dictionary:

"Dehors: Outside of; disconnected with; unrelated to; extrinsic.

"Dehors the record: Outside the record; matters outside the transcript of evidence...."

REFERENCES:

  • Ballentine, James, Ballentine's Law Dictionary (Rochester, New York: Lawyers Co-operative Publishing Company, 1969), page 352
  • Blackford v Anderson, 286 NW 735 (1939)
  • Waley v. Johnston, 316 US 101 (1942)

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