Redundancy

In pleading. The averment of matter foreign to the issue, or the needless repetition of immaterial averments. 5 Sandf. (N. Y.) 660. which one has lately foregone. See "Entry."

Matter introduced in an answer or other pleading which is foreign to the bill or article. The respondent is not to insert in his answer any matter foreign to the articles he is called upon to answer, although such matter may be admissible in a plea; but he may, in his answer, plead matter by way of explanation pertinent to the articles, even if such matter shall be solely in his own knowledge, and to such extent incapable of proof; or he may state matter which can be substantiated by witnesses; but in this latter instance, if such matter be introduced into the answer, and not afterwards put in the plea, or proved, the court will give no weight or credence to such part of the answer. Per Lushington, 3 Curt. Eccl. 543. A material distinction is to be observed between redundancy in the allegation and redundancy in the proof. In the former case, a variance between the allegation and the proof will be fatal, if the redundant allegations are descriptive of that which is essential. But in the latter case, redundancy cannot vitiate because more is proved than is alleged, unless the matter superfluously proved goes to contradict some essential part of the allegation; 1 Greenl. Ev. § 67.

Matter inserted in a writing foreign to its purpose; superfluous statement; surplusage. A material distinction is made between redundancy in allegations and redundancy in the proof. In the former case, a variance between the allegations and the proof will be fatal, if the redundant allegations are descriptive of that which is essential. But in the latter case, redundancy cannot vitiate, merely because more is proved than is alleged, unless the matter superfluously proved goes to contradict'some essential part of the allegation.^ See Surplusage.

A fault in the draughting of writings, consisting in irrelevant matters are stigmatized as redundant. The words are chiefly used of excess or supei-fluities in pleadings; but this is not because their meaning is not as well applicable to other writings, but because the occasions for raising the objection are more frequent in regard to pleadings; and the rules as to what is relevant matter are more distinct and strict.