Legal Definitions - failure of record

Definition: In a trial by record, failure of record refers to a party's inability to produce the record and thereby prove a pleading, resulting in an absence of proof to support a party's pleading. This can lead to the other party being entitled to summary judgment.

Example: In a court case, the plaintiff claims that the defendant owes them money. The defendant denies owing any money and demands proof. The plaintiff claims that there is a record of the debt owed, but fails to produce it in court. This is an example of failure of record, as the plaintiff is unable to prove their claim due to the absence of the record.

This example illustrates how failure of record can impact a court case and the importance of having proper documentation to support legal claims.