Surplusage canon

What surplusage canon means

In short, surplusage canon is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where surplusage canon 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 surplusage canon 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

• Superseded: replaced by something later that takes its place. A statute, rule or regulation is superseded when a later enactment replaces it, and a court decision may be "superseded by statute." In civil cases, an amended pleading generally supersedes the original, so the amended version becomes the operative pleading.
• Supremacy Clause: article VI, Clause 2 of the Constitution, which makes the Constitution, federal laws made in pursuance of it, and treaties "the supreme law of the land," binding on state judges "anything in the Constitution or laws of any State to the contrary notwithstanding."
• Surety: a person who promises to answer for another person's debt or obligation if that person does not perform.
• Suretyship: the legal relationship created when a surety agrees to be responsible for another person's obligation to a creditor.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.