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Surplusagium Non Nocet: The Legal Meaning and Its Implications
Definition & Meaning
Surplusagium non nocet is a legal principle that translates to "surplusage does no harm." In legal documents, "surplusage" refers to words or statements that do not contribute to the legal effect of the document. This can include allegations that are irrelevant to the main cause of action in a case. The principle suggests that while such surplus language may exist, it does not invalidate the core claims or defenses being made.
Table of content
Legal Use & context
This term is primarily used in civil litigation, particularly in the context of pleadings. Courts may encounter surplusage when reviewing legal documents, such as complaints or answers. Under the Federal Rules of Civil Procedure, a party can file a motion to strike surplusage from pleadings, which helps streamline the issues being litigated. Users can manage their pleadings effectively by utilizing legal templates from US Legal Forms that are crafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a civil lawsuit for breach of contract, a plaintiff includes a lengthy background section that details unrelated personal grievances. The defendant may file a motion to strike this surplus language, arguing it does not pertain to the breach of contract claim.
Example 2: A defendant in a criminal case submits an answer with unnecessary legal jargon that does not clarify their defense. The court may choose to strike these portions to focus on the relevant legal arguments. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Surplusage Treatment
California
Courts may strike surplusage to streamline pleadings.
New York
Surplusage can be challenged through a motion to dismiss.
Texas
Similar provisions exist for striking irrelevant allegations.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you find surplusage in your legal documents, consider the following steps:
Review your pleadings to identify unnecessary language.
Consult with a legal professional if unsure about what constitutes surplusage.
Utilize legal templates from US Legal Forms to ensure your documents are clear and concise.
If you need to strike surplusage, file a motion according to the relevant court rules.
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