Written by attorneys · grounded in primary & secondary sources — see below
A term indicating that a matter or item lies outside a designated boundary such as a record, deed, or permitted scope of inquiry. The concept bars consideration of extraneous material when a rule or instrument confines analysis to its internal contents.
Sources & Authorities· 39 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Discovery Request Exceeds Scope
Derek Douglas sought production of internal memos created years before the lawsuit. The court examined the request under Rule 26(b)(1) and concluded the memos were dehors the permitted scope because they bore no relation to any claim or defense in the pending action.
Director Conflict Vote Invalid
Devon Drake participated in the board vote approving a contract with his own company. The qualified directors later realized they had allowed his presence during deliberation, rendering the authorization dehors the requirements of section 8.62(a)(1).
Daniel Diaz sent the judge a letter detailing settlement offers while the case remained pending. The judge recognized the communication as dehors the permitted scope of judicial consideration and returned it unread to preserve the appearance of impartiality.
One-House Veto Attempted
Denise Donovan introduced a resolution allowing either chamber to block an agency rule without presidential approval. The measure was dehors the bicameralism and presentment requirements because it altered legal relations outside the legislative branch through a single-house action.
LLC Member Act Outside Ordinary Course
Demetrius Douglas unilaterally pledged company assets as collateral for a personal loan. The act was dehors the ordinary course of the LLC's affairs and therefore required unanimous member consent under the statute.
Spouse Seeks Maintenance Award
Diane Dawson requested maintenance. The court found the request dehors the statutory prerequisites because she possessed sufficient property to meet her reasonable needs and had no child whose care prevented employment.
Common questions
Frequently Asked
3
What does it mean when evidence is described as dehors the record?+
It means the evidence lies outside the materials properly before the court and therefore cannot be considered in deciding the matter at hand.
Supporting sources
How does the concept apply when a deed delivery is claimed to rest on facts dehors the instrument itself?+
Delivery is treated as a state of mind external to the deed, so parol evidence may establish it without violating the parol evidence rule.
Supporting sources
Does labeling a communication as dehors a rule automatically render it inadmissible?+
Yes when the governing rule confines analysis to matters within its stated scope, the extraneous item is excluded from consideration.
410 U.S. 113 (1973)Constitutional Law
…life, the "compelling" point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after…