Home > West's Encyclopedia of American Law > Ultimate Facts

Information essential to a plaintiff's right of action or a defendant's assertion of a defense.

The concept of ultimate facts used to be an essential part of preparing a PLEADING in a civil action. Until the late 1930s, the rules of CIVIL PROCEDURE in federal and state courts required parties to plead on the basis of a statement of facts constituting the CAUSE OF ACTION or defense. These ultimate facts alleged the sub-stance of the cause of action and were distinguished from evidentiary facts, which concerned the particular events of the case, and conclusions of law. The highly technical distinctions among ultimate facts, evidentiary facts, and conclusions of law created great confusion and often led to the dismissal of...