IMPERTINENT (Lat. in, not, pertinens, pertaining or relating to).
In Pleading. IN EQUITY. A term to matters introduced into a bill, answer, or other proceeding in a suit which are not properly before the court for decision at that particular stage of the suit. Spencer v. Van Duzen, 1 Paige Ch. (N. Y.) 555 ; Barbee v. Inman, 5 Blackf. (Ind.) 439; Wells v. Ry. Co., 15 Fed. 561. Impertinent matter is not necessarily scandalous ; but all scandalous matter is impertinent.
The rule against admitting impertinent matter is designed to prevent oppression, not to become oppressive ; 1 T. & R. 489 ; 6 Beay. 444 ; Tucker v. R. Co., 21 N. H. 38. No mat ter is to be deemed impertinent which is ma terial in establishing the rights of the par ties or ascertaining the relief to be granted ; Mechanics' Bank v. Levy, 3 Paige Ch. (N. Y.) 606 ; 12 Beay. 44; 10 Sim. 345.
A pleading may be referred to a master to have impertinent matter expugned at the cost of the offending party ; Story, Eq. Pl. § 266 ; Langdon v. Pickering, 19 Me. 214 ; Ma
son v. Mason, 4 Hen. & M. (Va.) 414; Cam den & A. R. Co. v. Stewart, 19 N. J. Eq. 343 ; but a bill may not be after the defendant has answered ; Coop. Eq. Pl. 19. In England, the practice of excepting to bills, answers, and other proceedings for impertinence has been abolished.
The new United States Supreme Court equity rule 21 (33 Sup. Ct. xxiv) forbids ex ceptions for scandal or impertinence, but the court may, upon motion or its own initiative, strike out such.
Such matter is not put in issue by gen eral plea, need not be proven at the trial, and cannot be proven against defendant's objection. The court has power to strike out impertinent matter, but this power is sparingly exercised and should not be en couraged. There is no reported case in Pennsylvania in which matter was stricken out of a declaration on the mere ground of impertinency ; Astrich v. Ins. Co., 13 Pa. Dist. R. 350. See SCANDALOUS MATTER.