What Does “Dehors” Mean in Legal Contexts?
Meta description: Learn what “dehors” means in legal writing, how phrases such as “dehors the record” are used, and why context matters in U.S. courts.
In legal writing, dehors generally means “outside” or “beyond.” It appears most often in phrases such as “dehors the record,” referring to information outside the materials formally before a court. The spelling dehor, without the final “s,” is not the usual legal form and may be a typo or a reference to another subject. The precise meaning depends on the full sentence and the type of proceeding, so the word should not be interpreted on its own.
Dehor is not the standard spelling of the legal expression described above. In most legal writing, the intended word is dehors, with a final “s.” A search for “dehor” may return unrelated results, misspellings, names, or material about dehorning animals—the removal of horns or horn-producing tissue. That agricultural or animal-welfare subject is distinct from the legal use of dehors.
If “dehor” appears in a legal document, readers should check the surrounding sentence before assuming it is a typo. It might be a proper name, a transcription error, or a term used in a specialized context. In a phrase such as “dehor the record,” the likely intended spelling is “dehors the record.” If the document affects someone’s rights or deadlines, the full passage and applicable jurisdiction should be reviewed rather than relying on a word-search result.
Common Misunderstandings
- It does not mean “illegal.” “Dehors” means outside or beyond a stated boundary; it does not, by itself, establish that conduct is unlawful.
- It does not automatically mean “inadmissible.” A court’s ability to consider material depends on the relevant evidence and procedure rules.
- It is not a ruling on truth. A claim outside the record may be true or false; the phrase addresses where it appears procedurally.
- It is not limited to appeals. Although common in appellate discussions, the term can describe material outside pleadings or another defined set of documents.
- “Dehor” and “dehors” are not interchangeable in standard legal usage. The conventional spelling for “outside” is dehors.
How to Read the Phrase in a Legal Document
When the word appears, identify the boundary it refers to and the consequence the writer is arguing for. A practical reading process is:
- Read the full phrase. Determine whether it says “dehors the record,” “dehors the pleadings,” or something else.
- Identify the material at issue. It may be a fact, exhibit, allegation, statement, or argument.
- Check the procedural setting. Trial, appeal, a motion to dismiss, and summary judgment involve different rules about what the court can consider.
- Look for the requested result. The writer may ask the court to disregard material, reject an argument, permit an amendment, or take another step.
- Consult the governing rules. Federal and state procedures differ, and local rules may also apply.
For example, “The affidavit is dehors the record on appeal” usually signals an objection to relying on an affidavit that was not properly made part of the appellate record. “The theory is dehors the pleadings” usually challenges whether that theory was sufficiently raised in the case’s pleadings. Neither sentence alone explains whether the objection will succeed.
Clearer Alternatives in Modern Legal Writing
Because dehors can slow readers down, many legal-writing guides favor plain English where possible. “Outside the record,” “not in the appellate record,” and “not alleged in the complaint” are often more direct. The best replacement depends on the intended meaning and the governing procedural context.
Plain-language wording can also make the argument more precise. Instead of saying, “The assertion is dehors the record,” a brief might identify the assertion, cite the materials that constitute the record, and explain why the court should not consider it. That approach gives the reader both the claim and its procedural basis.
For legal research, searches for dehors the record may locate cases using the traditional phrase, while searches for “outside the record” may find more recent plain-language discussions. Reliable sources include the relevant court’s procedural rules, official opinions, and recognized legal-reference materials. Search results should be checked against the jurisdiction and current procedural rules, since the same phrase can appear in different contexts.
Key Takeaway
In legal contexts, dehors usually means “outside” or “beyond.” In the phrase dehors the record, it refers to material outside the record a court is considering; in dehors the pleadings, it refers to matters beyond the pleadings. The term describes a relationship to a procedural boundary, not a standalone rule about truth, legality, or admissibility. The spelling dehor is usually an error when this legal meaning is intended.
Sources and Further Reading
- Federal Rules of Appellate Procedure, including rules on the record and appellate briefs.
- Federal Rules of Evidence, including rules on relevance, judicial notice, and hearsay.
- Federal Rules of Civil Procedure, including rules for pleadings and summary judgment.
- Cornell Legal Information Institute, Wex, a general legal reference resource.
These sources describe federal rules and general concepts. State rules and the facts of an individual case may differ.