Written by attorneys · grounded in primary & secondary sources — see below
An unfilled space or portion left open in a legal document or form for later completion with required information. The space must be filled before the document takes effect or is served on another party. Completion by an authorized person adopts the prior execution with respect to the added content.
Sources & Authorities
How it applies
Common Examples
6
Blank Subpoena Issued to Prosecutor
The clerk handed Brenda Booth a signed and sealed subpoena form containing only blank spaces for the witness name and hearing details. Brenda filled in the name of a key eyewitness and the date of the suppression hearing before serving the document. The completed subpoena then commanded the witness to appear and testify as required.
Divorce Decree Beneficiary Designation
Blake Butler's ERISA plan documents left a blank space after the word spouse in the beneficiary section. After the divorce the plan administrator consulted state property law to determine whether the designation remained valid. The completed form was treated as adopted once the blank was filled under proper authority.
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Common Law
Restatements
Dictionaries
Egelhoff v. Egelhoff532 U.S. 141 (2001)
Gun-Free School Zone Statute
Byron Bishop was charged under a federal statute containing a blank space for the jurisdictional element. The Court examined whether Congress could fill that blank through the Commerce Clause. The decision clarified limits on filling regulatory blanks in criminal statutes.
United States v. Lopez514 U.S. 549 (1995)
Auto Purchase Order Warranty Disclaimer
Beatrice Brown signed a printed purchase order containing a warranty disclaimer in a blank space provided on the form. The court examined whether the manufacturer had fairly procured the clause that appeared in the blank. Because the clause was not fairly obtained the disclaimer failed to exclude implied warranties.
Bobby Brady signed a witness statement form that left a blank space for details of the altercation. The prosecution sought to fill the blank with a prior description. The Court held that the completed statement was testimonial and could not be admitted without confrontation.
Crawford v. Washington541 U.S. 36 (2004)
Takeover Bid Document Blanks
Bianca Baker received takeover announcements that concealed target names with blank spaces on the forms. She deduced the targets from other information and traded on the knowledge. The Court held that the blanks did not relieve her of the duty to disclose before trading.
Chiarella v. United States445 U.S. 222, 228 (1980)
Common questions
Frequently Asked
3
How must a blank subpoena be completed before service?+
The party who receives the signed and sealed blank form must fill in the witness name, time, and place before serving the subpoena. Proper completion ensures the document commands attendance at the specified proceeding.
What happens when an agent fills blanks in a document without authority?+
The principal is not bound if the recipient had notice that the blanks were unfilled. Without such notice the principal may be liable as if the blanks had been properly completed.
Does a signature on a form with blanks left for later completion satisfy the statute of frauds?+
Yes if the signer later fills a blank or authorizes another to do so. The prior signature is treated as adopted with respect to the added portion.
541 U.S. 36 (2004)Evidence
…think that he pulled somethin' out and I grabbed for it and that's how I got cut . . . but I'm not positive. I, I, my mind goes blank when things like this happen. I mean, I just, I remember things wrong, I remember things that just doesn't, don't make sense to me later." App. 155 (punctuation added). Sylvia generally…