Written by attorneys · grounded in primary & secondary sources — see below
An act of presenting or producing evidence or other materials to a court.
Sources & Authorities· 11 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Shareholder Challenges Special Committee
Monica Morgan filed a derivative suit against Matrix Technologies directors. After the board appointed a two-director committee that voted to dismiss the action, Monica presented particularized facts showing the committee members lacked independence. The court examined those allegations to decide whether the determination complied with statutory requirements.
Pleading Survives Motion to Dismiss
Miguel Mendoza sued Midwest Airlines alleging a conspiracy to fix prices. The complaint contained only conclusory labels until Miguel produced specific emails and meeting notes showing parallel conduct plus plus factors. The court disregarded the labels and found the remaining facts made the claim plausible.
Miranda Morales filed a verified petition for dissolution against Mohan Malhotra. She presented the date and place of the marriage, the parties' ages and residences, and the statement that the marriage was irretrievably broken. The court accepted the petition as properly commenced under the statute.
Agency Presents Administrative Record
Majestic Construction challenged an EPA permit denial. The agency produced the full administrative record containing technical studies and public comments. The court reviewed the materials to determine whether the agency's decision rested on permissible statutory construction.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Plaintiffs Submit Evidence of Reliance
Ming Ma and other investors sued Basic Inc. for securities fraud. They presented trading data and public statements showing the market price incorporated the misrepresentations. The court used those materials to assess whether the fraud-on-the-market presumption applied.
Basic Inc. v. Levinson485 U.S. [224], at 238 1988
Punitive Damages Evidence Offered
Michael Miller sued BMW of North America after discovering undisclosed paint damage on his new car. He presented internal company documents showing similar conduct in other states. The court examined the evidence to decide whether the punitive award was grossly excessive.
BMW of North America, Inc. v. Gore517 U.S. 559, 575, 580-81 (1996)
Common questions
Frequently Asked
1
What does mitter avant require a party to do?+
The term requires a party to present or produce evidence or materials directly to the court for its consideration.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…policies and pass on the wisdom of these policies in the very process of deciding whether a particular state interest put forward may or may not be "compelling." The decision here to break pregnancy into three distinct terms and to outline the permissible restrictions the State may impose in each one, for example,…