Scandalous Matter Law and Legal Definition
Scandalous matter refers to a matter that is both grossly disgraceful or defamatory and irrelevant to the action or defense. It may have Immoral or indecent content that is irrelevant and so can be stricken off as improper. Scandal consists in the allegation of anything which is unbecoming the dignity of the court to hear, or is contrary to decency or good manners. However, the matter alleged, must not only be offensive, but also irrelevant to the cause, for however offensive it be, if it be pertinent and material to the cause the party has a right to plead it. A federal court can own it’s on motion or on a motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading strike from a pleading any scandalous matter. [USCS Fed Rules Civ Proc R 12 (f)]
The following is an example of a caselaw dedfining scandalous matter:
Scandalous matters are allegations “that unnecessarily reflects on the moral character of an individual or states anything in repulsive language that detracts from the dignity of the court, and includes allegations that cast a cruelly derogatory light on a party or other person.” Garcia v. Clovis Unified Sch. Dist., 2009 U.S. Dist. LEXIS 83352 (E.D. Cal. Sept. 11, 2009)
Legal Definition list
Related Legal Terms
- Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
- Immaterial Matter
- Immoral or Scandalous Matter (Trademark)
- Impertinent Matter
- IRS Congressional Matter [Internal Revenue]
- Letters Relating to Other Matters
- Living Matter [Patent Law]
- Matter [Patents]
- Matter of Fact
- Matter of Law
