Also known as:german · germanus · germanely · relevant · pertinent · akin
Written by attorneys · grounded in primary & secondary sources — see below
A quality of relevance or pertinence to the issue under consideration. The quality determines whether evidence, argument, or a factor may be introduced or weighed in a proceeding.
Sources & Authorities· 34 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Victim Trait in Self-Defense Claim
Gabriel Gonzalez stood trial for assault after a bar fight. He sought to introduce testimony that the alleged victim had a reputation for starting fights. The court ruled the evidence germane because it directly addressed whether Gabriel acted in self-defense.
Reference to Listed Factors
Gloria Green presided over a custody dispute. During the hearing she mentioned the parties' differing religious practices when evaluating the child's best interests. The reference was germane because the practices bore directly on the child's daily routine and stability.
Gideon Graves represented a client who expected assistance the rules did not permit. Gideon consulted about the relevant limitation on his conduct. The limitation was germane because the rule required disclosure whenever the client sought impermissible help.
Maintenance Award Factors
Gina Griffin sought spousal maintenance after a long marriage. The court examined her age, health, and earning capacity when setting the award. Those factors were germane because the statute requires consideration of all circumstances affecting need and ability to pay.
Conversion of Motion to Summary Judgment
Gabriella Gomez moved to dismiss a contract claim. She attached emails and affidavits outside the pleadings. The court treated the motion as one for summary judgment because the additional materials were germane to the factual dispute.
Disclosure of Defendant Statement
Glenn Gross faced federal charges. He requested any statements he made to agents. The government disclosed the substance of an oral admission because the statement was germane to the elements the prosecution intended to prove at trial.
Common questions
Frequently Asked
3
How does a court decide whether evidence or argument is germane?+
A court examines whether the item bears directly on an element, defense, or factor the governing rule requires the decision maker to consider. If the connection exists, the item qualifies as germane and may be admitted or weighed.
Supporting sources
Does germane mean the same thing in evidence rules and professional conduct rules?+
Yes. In both settings the term requires a logical connection between the offered item and an issue the rule makes relevant to the proceeding.
Supporting sources
What happens if a party offers material that is not germane?+
The court excludes the material or disregards it when reaching a decision. The offering party may also face sanctions if the lack of connection is obvious and repeated.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…knew this by information of others and declined to answer who gave him that information; the court decided that question was not pertinent to the cause. He further testified that some commissions were recorded but he did not know whether those of the applicants were recorded as he had not consulted the book for more than…