Impertinence

Irrelevancy; the fault of not properly pertaining to the issue or proceeding. The introduction of any matters into a bill, answer or other pleading or proceeding in a suit, which are not properly before the court for decision, at any particular stage of the suit Story, Eq. PL I 266; Harrison v. Perca, 168 U. S. 311, 18 Snp. Ct 129, 42 In Ed. 478.

In practice. A question propounded to a witness, or evidence offered or sought fo be elicited, is called "impertinent" when it has no logical bearing upon the issue, is not necessarily connected with it, or does not belong to the matter in hand. On the distinction between pertinency and relevancy, we may quote the following remark of Dr. Wharton: "Relevancy is that which conduces to the proof of a pertinent hypothesis; a pertinent hypothesis being one which, it sustained, would logically influence the issue." 1 Whart Ev. § 20.

The introduction of matters into a bill, answer or other pleading or proceeding which are not properly before the court for decision.