Persuasive authority

What persuasive authority means

Put simply, persuasive authority is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where persuasive authority comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses persuasive authority in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Person entitled to enforce: under UCC § 3-301, the holder of an instrument, a nonholder in possession with the rights of a holder, or a person entitled to enforce a lost or similar instrument.
• Personal jurisdiction: a court's authority over a particular defendant.
• Plaintiff: the person or entity that starts a civil lawsuit by filing a complaint.
• Pleading: a formal written statement of a party's claims or defenses. Under Federal Rule of Civil Procedure 7(a), the pleadings are the complaint, the answer, and certain other listed documents. Motions are not pleadings.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.