What does the term "assuming facts not in evidence" refer to?

The term "assuming facts not in evidence" refers to presupposing facts that have not been established in court. In the context of legal proceedings, this means that a party is making arguments or drawing conclusions based on facts that have not been presented or proven through the evidence that has been submitted to the court. Courts require that all assertions made in argument be firmly grounded in the record; otherwise, they lack a foundation and may mislead the judge or jury.

When a party assumes facts not in evidence, it can undermine the integrity of the legal process and lead to erroneous reasoning or decisions. This concept is critical in ensuring that only validated facts influence legal outcomes, thereby maintaining due process and fairness in courtroom proceedings.