Also known as: deems · deemed · deeming
Written by attorneys · grounded in primary & secondary sources — see below
A verb directing that a specified fact or status be treated as true for legal purposes regardless of actual circumstances. The direction commonly establishes a conclusive presumption or legal fiction that governs jurisdiction, citizenship, assent, or other consequences.
Devon Drake, a resident of State X, files a products-liability suit in State X against Dakota Industries for an injury that occurred in State X. Dakota Industries is incorporated in State Y and maintains its principal place of business in State Z, though it maintains substantial sales operations in State X. The court deems Dakota Industries at home only in States Y and Z and therefore dismisses the action for lack of general jurisdiction.
Darius Dixon, a citizen of State A, sues Davenport Pharmaceuticals in federal court asserting diversity jurisdiction. Davenport Pharmaceuticals is incorporated in State B and maintains its principal place of business in State C. The statute deems the corporation a citizen of both States B and C, destroying complete diversity and requiring dismissal.
Select any source to read its text and confirm it supports the definition.
Diana Delgado petitions for maintenance after her marriage to Dustin Donovan ends. The court reviews the parties' financial resources, the time needed for Diana to obtain employment training, and the duration of the marriage. The court deems an award of $2,500 per month for four years just under the statutory factors and enters the order without regard to any marital misconduct.
Dylan Duffy is designated trustee in a trust instrument but takes no action for sixty days after learning of the designation. The statute deems Dylan to have rejected the trusteeship because he failed to accept within a reasonable time. The settlor therefore appoints a successor trustee without further notice to Dylan.
Danielle Dixon contributes capital and is admitted as a member of Drake Logistics LLC after the operating agreement has already been executed. The statute deems Danielle to assent to every provision of the operating agreement, including the capital-call and dilution clauses, even though she never received a copy before admission.
Dawson Steel is admitted as a limited partner in a limited partnership whose partnership agreement was signed before Dawson joined. The statute deems Dawson to assent to the partnership agreement, binding Dawson to its indemnity and distribution provisions from the moment of admission.
It directs that a fact or status be treated as true for legal purposes even when the actual circumstances differ, thereby creating a conclusive presumption or legal fiction that controls jurisdiction, citizenship, assent, or other consequences.
Supporting sources
Yes in the contexts illustrated by the primary authorities. Once the triggering condition occurs, the statute or rule conclusively treats the designated fact as true without further inquiry into actual circumstances.
A corporation is deemed at home only in its state of incorporation and principal place of business except in truly exceptional cases. Extensive but unrelated business activity in another state does not satisfy the standard.
The trustee is deemed to have rejected the trusteeship, allowing the settlor or qualified beneficiaries to proceed with an alternative appointment without further notice to the designated person.
Yes. The statute deems every person who becomes a member to assent to the operating agreement in its entirety upon admission, regardless of actual receipt or review.
…In 1792 an act directing the Secretary at War to place on the pension list disabled officers reported by the circuit courts was deemed unconstitutional so far as it imposed duties on the courts, and after a repeal Congress provided a different mode and enacted that the Secretary of War in conjunction with the Attorney…