facta probantia

Facta probantia (“facts that prove”) are the details of evidence used to establish the material facts of a case. If the material fact is that the defendant took a loan, the facta probantia may be the bank transfer, a witness to the handing over of cash, or a letter admitting the debt.

The distinction matters in drafting. Order VI Rule 2 CPC says a pleading must contain material facts (facta probanda) and not the evidence (facta probantia). Evidentiary facts are brought on record through documents and witnesses at the trial. A plaint that narrates every piece of evidence is badly drafted, though courts rarely reject it for that reason alone.

Example

The receipt signed by the tenant is facta probantia of payment of rent and is produced at trial, not pleaded in the written statement.

In Indian law

• Order VI Rule 2, Code of Civil Procedure, 1908

See also

facta probanda · pleadings · evidence

Read more in the study notes

• Pleadings: fundamental rules, verification and amendment (Order VI) (Civil Procedure Code and Limitation Act)