matter,n. 1. A subject under consideration, esp. involving a dispute or litigation; CASE(1) <this is the only matter on the court’s docket today>.2. Something that is to be tried or proved; an allegation forming the basis of a claim or defense <the matters raised in the plaintiff’s complaint
are not actionable under state law>.
matter in deed. 1. A matter that can be proved by a writing under seal. 2. See matter of fact.
matter in pais (in pay). A matter of fact that has not been recorded in writing and that must
therefore be proved by parol evidence.
matter of fact.A matter involving a judicial inquiry into the truth of alleged facts. — Also
termed matter in deed.
matter of form.A matter concerned only with formalities or noncritical characteristics <the objection that the motion was incorrectly titled related to a matter of form>. Cf. matter of substance.
matter of law.A matter involving a judicial inquiry into the applicable law.
matter of record.A matter that has been entered on a judicial or other public record and
therefore can be proved by producing that record.
matter of substance.A matter concerning the merits or critical elements, rather than mere formalities <the party objected because the motion was based on a repealed statute that related to a matter of substance>. Cf. matter of form. new matter.A matter not previously raised by either party in the pleadings, usu. involving
new issues with new facts to be proved.
special matter.Common-law pleading. Out-of-the-ordinary evidence that a defendant is
allowed to enter, after notice to the plaintiff, under a plea of the general issue.
[Blacks Law 8th]