Written by attorneys · grounded in primary & secondary sources — see below
A leaf of paper or parchment in a legal document, numbered only on the front. A folio includes both sides of the leaf, or two pages, with letters added to show which side was intended.
Sources & Authorities· 11 primary sources
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Cases
Statutes
Uniform Acts
How it applies
Common Examples
6
Will Execution With Separate Folio
Francisco Frost wrote his will on two separate sheets of paper. He signed the first sheet in the presence of witnesses but left the second sheet in another room. After his death the second sheet was offered for probate as part of the will. The court refused to treat the second sheet as part of the will because it had not been present when the first sheet was executed.
Service By Publication On Folio Notice
Fatou Fall owned land in Oregon but lived in New York. A creditor published notice of a lawsuit in an Oregon newspaper and mailed a copy to the wrong address. The court held that publication alone did not confer jurisdiction over Fatou because she had no actual notice and no contacts with Oregon that would support jurisdiction.
Felix Franco filed a federal diversity action seeking an accounting more than two years after the state statute of limitations had run. The court dismissed the claim, holding that the equitable action was barred because the state limitations period applied and equity follows the law.
Guaranty Trust Co. v. York[326 U.S.] at 110
Pleading Deficiencies In Folio Complaint
Freya Freeman filed an antitrust complaint alleging parallel pricing by several firms but provided no facts showing an actual agreement. The court dismissed the complaint, holding that parallel conduct alone does not state a plausible claim without additional factual matter suggesting conspiracy.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Rational Basis Review Of Folio Regulation
Fairview Manufacturing challenged a state law requiring detailed labeling on all packaged foods. The court upheld the law, holding that the regulation was rationally related to the legitimate state interest in protecting consumers from misleading information.
United States v. Carolene Products Co.304 U.S. 144, 153 n.4 (1938)
Confrontation Clause And Folio Transcript
Francesca Fowler was prosecuted for assault. The prosecution offered a transcript of a witness's prior testimony at a preliminary hearing. The court excluded the transcript because the witness was unavailable and the defendant had not had an adequate prior opportunity for cross-examination.
Crawford v. Washington541 U.S. 36 (2004)
Common questions
Frequently Asked
3
How many words traditionally constitute a folio in the United States?+
One hundred words form a folio under the traditional American measurement used for legal documents.
Supporting sources
What must be shown for separate pages to be treated as part of a single will?+
Each page or writing must have been present when the will was executed and must have been intended by the testator to form part of the will.
Supporting sources
Does internal coherence among pages create a presumption they were present at execution?+
Yes. When pages appear to continue one another or are sequentially numbered, that internal coherence supports an inference that all pages were present and intended to be part of the will.
Supporting sources
376 U.S. 254 (1964)Remedies
…Alabama affirmed. 273 Ala. 656, 144 So. 2d 25. Respondent's complaint alleged that he had been libeled by statements in a full-page advertisement that was carried in the New York Times on March 29, 1960. Entitled "Heed Their Rising Voices," the advertisement began by stating that "As the whole world knows by now,…