Legal Definitions - Matter of Record

Matter of Record refers to anything that has been recorded in a public or judicial record. This record can be used as proof of the information recorded. Lawyers use this phrase to refer to facts recorded during a trial or hearing.

During a trial, a court reporter is responsible for keeping a record of all words spoken. This record is important because it preserves issues for petitions for appeal and for appellate review, if granted. Examples of matters of record include findings of fact, evidence, motions, objections, rulings, verdicts, and statements made under oath such as testimony, affidavits, and sworn statements.

For example, if a witness testifies under oath during a trial, their testimony becomes a matter of record. This means that their testimony can be referred to in the future as proof of what they said.

Another example is if a judge makes a ruling during a trial, that ruling becomes a matter of record. This means that the ruling can be referred to in the future as proof of what the judge decided.

It is important to note that statements made under oath that contradict prior statements may be stricken from the record unless the court finds that the prior statement maker reasonably believed it to be true based on facts known at the time to the maker and that the more recent statement was based on facts previously unknown and unknowable to the maker at the time the prior statement was made.