Also known as: undisputed
Written by attorneys · grounded in primary & secondary sources — see below
A fact, issue, or matter that the parties do not dispute. The absence of disagreement allows courts and lawyers to treat the point as established without further proof or argument.
Uriel Urban's lawyer prepared a deed for a parcel sold in 2018. At trial the lawyer is asked the exact date the deed was recorded. Both sides already agree on that date. The lawyer may testify because the point is uncontested and creates no risk of jury confusion between advocate and witness roles.
Usha Upton sues a hospital claiming a procedure violated medical ethics. The parties stipulate that the Hippocratic Oath was uncontested even in ancient Greece. Because the historical point is uncontested, the court accepts it without additional evidence and proceeds to the modern standard-of-care question.
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Universal Motors and the FEC file cross-motions in a challenge to contribution limits. Both sides stipulate that certain soft-money practices occurred. The court treats those facts as uncontested and focuses argument solely on the constitutional standard.
Uliana Ustinova serves her husband with divorce papers while he is temporarily in California on business. He does not contest that service occurred. The court therefore treats the fact of service as uncontested and proceeds to the merits of personal jurisdiction.
Ursula Upton offers a tire-failure expert in a products case. The defense concedes the expert's general methodology is reliable. Because that foundation is uncontested, the court admits the testimony and limits the Daubert hearing to the expert's application of the method to the specific facts.
Ulysses Maritime and the Tahoe agency agree that a moratorium lasted exactly thirty-two months. Because the duration is uncontested, the court uses that figure to calculate whether the restriction constituted a temporary taking and moves directly to the compensation calculation.
Model Rule 3.7(a)(1) permits the lawyer to remain as advocate when the testimony concerns an uncontested issue. The rule recognizes that no jury confusion arises when the parties already agree on the point.
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Under Fed. R. Civ. P. 56(e)(2) the court may consider an uncontested fact undisputed for purposes of the motion. If the remaining undisputed facts entitle the movant to judgment, the court grants summary judgment under Rule 56(e)(3).
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Fed. R. Crim. P. 32(3)(A) allows the court to accept any undisputed portion of the presentence report as a finding of fact. The court need not hold a hearing on that portion.
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Under the Uniform Residential Landlord and Tenant Act a court may not award fees or costs in an uncontested action to recover possession of a dwelling unit.
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…abortion practice in his time and that of Rome? The late Dr. Edelstein provides us with a theory:[^maj-16] The Oath was not uncontested even in Hippocrates' day; only the Pythagorean school of philosophers frowned upon the related act of suicide. Most Greek thinkers, on the other hand, commended abortion, at least prior to…