immaterial

Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance.

See also impertinence

- irrelevancy

- irrelevant allegation

Compare material; material fact; relevant

@ immaterial averment

In pleading, an averment alleging with needless particularity or unnecessary circumstances what is material and necessary, and which might properly have been stated more generally, and without such circumstances and particulars; or, in other words, a statement of unnecessary particulars in connection with and as descriptive of what is material. Such immaterial matter may be ordered stricken from the pleading. Fed.R.Civil P. 12(f).

See also irrelevant allegation

@ immaterial evidence

Evidence which lacks probative weight and is unlikely to influence the tribunal in resolving the issue before it. Such evidence is commonly objected to by opposing counsel, and disallowed by the court.

See also irrelevancy

Compare relevant evidence

@ immaterial facts

Those which are not essential to the right of action or defense.

See immaterial averment

Compare material fact

@ immaterial issue

In pleading, an issue taken on an immaterial point; that is, a point not proper to decide the action

@ immaterial variance

Discrepancy between the pleading and proof of a character so slight that the adverse party cannot say that he was misled thereby. One in which difference between allegations and proof is so slight and unimportant that adverse party is not misled or prejudiced in maintaining his defense. Strimiska v. Yates, 158 Conn. 179, 257 A.2d 814, 817.

See also variance

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