• tal@lemmy.today
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    8 days ago

    impertinent

    I don’t know if there’s a specific legal meaning — legal jargon isn’t always plain English — but it might be that the meaning there is the other English meaning of “impertinent”:

    https://en.wiktionary.org/wiki/impertinent

    impertinent (comparative more impertinent, superlative most impertinent)

    1. Insolent, ill-mannered or disrespectful; Disregardful.

    2. (archaic) Not pertaining or related to (something or someone); Irrelevant or useless.

    I mean, the term right before it in the code is “immaterial”, which is very close to the second common-language definition. Just because it’s archaic in common-language use doesn’t mean that it is in the legal world — a lot of legal terms with jargon meanings were in common use at one point.

    kagis

    Yeah, sounds like it:

    https://www.lsd.law/define/impertinent

    Definition: Impertinent means something that is not relevant or important to the matter at hand. For example, if someone is talking about their favorite food and you start talking about your favorite color, that would be impertinent because it has nothing to do with the topic being discussed. In legal terms, impertinent evidence or allegations are ones that do not help prove or disprove the case and are not important for the court to consider.

    • finitebanjo@lemmy.world
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      8 days ago

      A lawfirm’s watermark being deemed irrelevant or inconsequential as grounds for dismissal of a complaint seems like a rule that never applies to anybody else.

      • booly@sh.itjust.works
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        7 days ago

        It’s not a dismissal. It was stricken, with the option to refile the exact same substance in a new format.

        And this kind of stuff happens all the time, like when someone forgets to attach a table of contents, a certificate of compliance, a certificate of word count, an incorrect word count, improperly formatted documents, etc.

        This is a pretty common response to improper format, like certain courts that require a particular font, a particular page size, a particular spacing requirement, etc. Those usually have a written rule the court can point to and say “hey follow local rule so and so” and just make them re-file.

        It’s a little bit less common where someone violates an unwritten rule, and the court comes in and says “cmon you should’ve known better.” But it happens.

      • Decoy321@lemmy.world
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        7 days ago

        Did you actually read the record? Because that’s not at all what happened. Go back and read the next paragraph.