Written by attorneys · grounded in primary & secondary sources — see below
A procedural step by which a party submits a document to a court or recording office for official inclusion in the record. The submission creates constructive notice or satisfies a statutory or rule-based requirement for perfection or preservation of rights.
Sources & Authorities
How it applies
Common Examples
6
Competing Deed Priorities
Fumiko Fujimoto conveyed Blackacre to Francois Fortier by unrecorded deed. Fortier later conveyed to Fernando Farrell who promptly recorded. Under the race-notice statute, Farrell prevails because he recorded first without notice of the prior conveyance.
Unsigned Pleading Stricken
Freya Freeman's attorney submitted a complaint without a signature. The court struck the pleading after the omission was noted and not promptly corrected, leaving Freeman without a timely filed action.
Removal Notice Deadline
Frederick Ferguson received the state court complaint on March 1. He filed the notice of removal in federal district court on March 25 together with copies of all served process and pleadings, satisfying the thirty-day statutory window.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Premarital Agreement Record
Farid Farahani and Frostline Textiles' CEO executed a premarital agreement in a signed record before marriage. The agreement became enforceable without separate consideration once both parties signed.
Evidence Objection Preserved
Freeman Engineering offered a document at trial. Opposing counsel timely objected on the record and stated the specific ground of hearsay, thereby preserving the claim of error for appeal under the federal rules.
Public Record Disclosure
Fulton Shipping's lawyer discussed information already contained in a public court filing during a press statement. The statement fell within the exception permitting disclosure of public-record material.
Common questions
Frequently Asked
5
What happens if a party fails to file a required document under a recording act?+
A subsequent bona fide purchaser without notice who records first prevails over the prior unrecorded interest under notice or race-notice statutes.
Supporting sources
Must every pleading be signed before filing?+
Yes. An unsigned paper must be stricken unless the omission is promptly corrected after being called to the signer's attention.
Supporting sources
When must a defendant file a notice of removal?+
Within thirty days after receipt of the initial pleading or summons, together with copies of all process, pleadings, and orders served.
Supporting sources
Does a premarital agreement require consideration to be enforceable?+
No. The agreement is enforceable without consideration once it is in a record and signed by both parties.
Supporting sources
How is an evidentiary objection preserved for appeal?+
A party must timely object or move to strike on the record and state the specific ground unless apparent from context.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…them to be recorded. It provides for the seal of the United States and makes it his duty to keep that seal and to make out, record and affix the seal to all civil commissions after they have been signed by the President. Many duties assigned by this act are of a public nature and the Secretary is bound to perform them…