Written by attorneys · grounded in primary & secondary sources — see below
An adverb indicating that an action must occur without any intervening delay. It requires prompt execution measured by the circumstances of the directive or rule.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Robbery Force Retention
After taking the victim's wallet, Frederick Ferguson fled on foot. When the victim immediately pursued, Ferguson turned and threatened serious injury to retain the property. The force satisfied the requirement that threats be used to retain possession immediately after obtaining it.
Presidential Term Start
After the electoral votes were counted, the new President took the oath and assumed the executive power. The Constitution requires the officeholder to begin the four-year term without delay following the prescribed election process.
Present Sense Impression
Flora Ford witnessed a car crash and immediately described the event to a bystander. The statement qualified as a present sense impression because it was made while or immediately after she perceived the collision.
During the theft, Felicity French threatened to commit arson, a second-degree felony, against the store owner. The threat met the requirement that the actor commit or threaten immediately to commit a first- or second-degree felony.
Landlord Obligation Transfer
Fumiko Fujimoto sold her leased building but remained bound by the repair covenant. Because the obligation rested on privity of contract and the new owner did not release her, she continued to perform the promise after the transfer.
False Imprisonment Threat
Farid Farahani blocked the exit and warned he would use force if the customer attempted to leave the storeroom. The threat of immediate physical force upon any attempt to go beyond the area satisfied the confinement element.
Common questions
Frequently Asked
3
What does forthwith require in a court order or rule?+
Forthwith requires the directed action to occur without delay, measured by the practical circumstances of the directive. Courts interpret it as demanding prompt compliance rather than permitting any unnecessary postponement.
Supporting sources
Is forthwith the same as immediately in every legal context?+
Forthwith and immediately are treated as synonymous in most authorities, both demanding action without intervening delay. Some sources note that forthwith allows a reasonable time under the circumstances while still barring unnecessary postponement.
Supporting sources
Why do modern drafting guides discourage forthwith?+
Forthwith is viewed as archaic legalese that reduces clarity for both lay and legal readers. Precise alternatives such as immediately or without delay improve readability without sacrificing meaning.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…Roe. Pp. 129-166. (a) The principle that a court may not enjoin enforcement of a statute unless the plaintiff shows that he is immediately threatened with irreparable injury is not applicable where the plaintiff attacks the facial validity of the statute on the ground that it is unconstitutionally vague or overbroad. Pp.…