Primary source

What primary source means

In practice, you will see primary source in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where primary source 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

Start with the primary source. For example, if primary source appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read primary source in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

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

Related legal terms

• Preliminary injunction: an order issued during a case, after notice, to preserve the situation until the case is decided.
• Preponderance of the evidence: the usual standard of proof in civil cases: the fact is more likely true than not.
• Privilege: a legal right to withhold certain information from discovery or testimony, such as attorney-client privilege.
• Pro se: representing oneself in court without a lawyer. Also called self-represented or, in some courts, in pro per.

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.