Also known as: reasonable notice duty · reasonable notice
Written by attorneys · grounded in primary & secondary sources — see below
A procedural or contractual obligation requiring a party to inform another of an intended action or event in a manner and at a time that affords the recipient a fair opportunity to respond or protect its interests.
Daphne Doyle sued Dillon Energy for breach of a supply contract. Dillon noticed Daphne's deposition but served the notice only two days before the date. Daphne did not appear. At trial Dillon offered the transcript against Daphne. Because Daphne lacked reasonable notice of the deposition, the court excluded the transcript.
Derek Douglas offered a deceased witness's out-of-court statement under the residual exception. Derek emailed opposing counsel the declarant's name and a one-sentence description six weeks before trial but omitted the statement's full text and location. The court excluded the statement because the notice failed to give the adverse party a fair opportunity to meet it.
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Danielle Dixon, a member of Dawson Steel LLC, sent the company ten days' written notice requesting to inspect financial records at its principal office during business hours. The records concerned pending liabilities material to her profit-sharing rights. The company refused. The court ordered inspection because Danielle supplied reasonable notice.
Darrell Duncan, a partner in Dominion Capital, delivered written notice requesting to copy client billing files at the partnership's office during regular hours. The files bore directly on profit allocation after a disputed settlement. The managing partner denied access. The court compelled production because the notice satisfied the reasonable-notice requirement.
The notice must be written, given before trial, identify the declarant and the substance of the statement, and afford the adverse party a fair opportunity to meet the evidence. Timing, completeness, and form are evaluated together.
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Yes. The right to inspect on reasonable notice extends only to records material to the requesting party's rights and duties under the agreement or governing statute.
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No. The rule requires that the party have been present, represented, or given reasonable notice of the deposition. Two days' notice ordinarily fails that standard.
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