Written by attorneys · grounded in primary & secondary sources — see below
An abstract or summary of a writing. The term historically denoted a concise statement attached to a parliamentary bill that outlined its contents for quick reference.
Sources & Authorities· 36 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Summary Judgment Motion Filing
Brandon Black submitted a motion under Rule 56 identifying claims for breach of contract. He attached a breviate summarizing the voluminous invoices and correspondence to show no genuine dispute of material fact existed. The court granted the motion after reviewing the abstract and finding the movant entitled to judgment as a matter of law.
Protected Speech Challenge
Bethany Boyd faced charges for distributing pamphlets advocating policy change. Her attorney presented a breviate of the pamphlets to demonstrate they contained only abstract advocacy rather than incitement to imminent lawless action. The court dismissed the charges because the government could not show the advocacy was likely to produce unlawful conduct.
Bella Barnes offered a chart summarizing thousands of transaction logs in a contract dispute. The court admitted the breviate under the rule allowing summaries of voluminous writings that cannot be conveniently examined in court. Opposing counsel received access to the underlying records for verification before trial.
Timing of Summary Judgment
Brianna Burke filed a motion for summary judgment thirty days after discovery closed. She included a breviate condensing the deposition transcripts to highlight undisputed facts. The court accepted the filing as timely and proceeded to evaluate whether judgment as a matter of law was warranted.
Ripeness Determination
Barbara Bennett challenged an agency regulation before it took effect. The court reviewed a breviate of the regulation's text and enforcement history to assess fitness for judicial decision. Because the policy remained abstract and imposed no concrete hardship, the claim was dismissed as unripe.
Conversion of Motion to Dismiss
Boubacar Bah moved to dismiss a complaint under Rule 12(b)(6). When the plaintiff attached external documents, the court converted the motion to one for summary judgment. The parties then received opportunity to present a breviate of the additional materials pertinent to the converted motion.
Common questions
Frequently Asked
3
What does a breviate contain in historical parliamentary practice?+
A breviate is a short statement attached to a bill that summarizes its contents for quick reference by legislators.
Supporting sources
How does a breviate differ from a full writing in evidentiary contexts?+
A breviate condenses voluminous material into a manageable form while the underlying originals remain available for examination by other parties.
Can a court rely on a breviate when deciding summary judgment?+
Yes. A party may present a breviate summarizing records to demonstrate the absence of a genuine dispute of material fact under Rule 56.
410 U.S. 113 (1973)Constitutional Law
…in the attack on the Texas criminal abortion statutes. Upon the filing of affidavits, motions were made for dismissal and for summary judgment. The court held that Roe and members of her class, and Dr. Hallford, had standing to sue and presented justiciable controversies, but that the Does had failed to allege facts…