Also known as: at-issue · in issue · in dispute
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A matter, fact, or claim that is contested between parties. The phrase identifies elements that remain unresolved and require proof or adjudication.
A matter, fact, or claim that is contested between parties. The phrase identifies elements that remain unresolved and require proof or adjudication.
Select any source to read its text and confirm it supports the definition.
The procedural stage at which all pleadings have been filed and the case is ready for trial or decision. At this point the court may set the matter on the calendar and discovery proceeds under the scheduling order.
Select any source to read its text and confirm it supports the definition.
The procedural stage at which all pleadings have been filed and the case is ready for trial or decision. At this point the court may set the matter on the calendar and discovery proceeds under the scheduling order.
Each sense below has its own examples, sources, and questions.
Albert Allen, a longtime neighbor, testifies that a damaged vehicle appeared worth far less after the collision than before. The court admits the opinion because it helps the jury determine a fact in issue without requiring expert qualification.
Judge Alexis Archer previously witnessed the disputed contract signing between Apex Dynamics and its former CEO. The judge must recuse because personal knowledge of facts in dispute creates an appearance of partiality.
Alliance Holdings receives a settlement check that both the client and a lienholder claim. The firm must keep the entire amount in trust until the competing interests are resolved and may distribute only the undisputed portion.
Apollo Energy sells and services engines in the forum state through dealerships and advertising. A resident plaintiff injured by one of its engines may sue there even though the specific unit was manufactured elsewhere, because the claim relates to the defendant's forum market contacts.
Alexandra Armstrong offers an engineer to explain why a manufacturing defect caused the plaintiff's injury. The court admits the testimony because the specialized knowledge will help the jury determine a fact in issue.
During closing argument, counsel states a personal belief that the defendant is lying about the disputed transaction. The statement violates the rule against asserting personal knowledge of facts in issue or vouching for witness credibility.
Lay opinion testimony is admissible only if it helps the trier of fact understand the witness's testimony or determine a fact in issue. The opinion must remain rationally based on perception and not rely on specialized knowledge.
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A judge must recuse when the judge has personal knowledge of disputed facts or a personal bias concerning a party or lawyer, because either circumstance reasonably questions the judge's impartiality.
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The lawyer must keep the property separate in trust until the dispute is resolved and may distribute only the portions whose ownership is no longer contested.
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Yes, when the defendant has created and exploited a market in the forum through advertising, dealerships, and parts sales, a product-liability claim relates to those contacts even if the particular item was not designed or first sold there.
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Counsel may not assert personal knowledge of facts in issue or state a personal opinion on the credibility of a witness or the justness of a cause during trial.
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A case is at issue once all pleadings have been filed and served, allowing the court to place it on the trial calendar and issue a scheduling order governing discovery and motions.
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…commerce clause. The facts as found by the appeal tribunal and accepted by the state Superior Court and Supreme Court, are not in dispute. Appellant is a Delaware corporation, having its principal place of business in St. Louis, Missouri, and is engaged in the manufacture and sale of shoes and other footwear. It maintains…