Also known as: narrationes · declaration · count
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A declaration, complaint, or petition in which the plaintiff sets out the facts of a case.
An oral narrative by the plaintiff of the facts and legal arguments on which the claim is based.
A declaration, complaint, or petition in which the plaintiff sets out the facts of a case.
Select any source to read its text and confirm it supports the definition.
An oral narrative by the plaintiff of the facts and legal arguments on which the claim is based.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Noah Nakamura owns investment property and executes a signed statement declaring that he holds specific rental units as trustee for his children. He files the statement with the probate court as the opening narratio to establish the trust under the uniform code. The court accepts the filing and begins administration of the trust assets.
Nyah Ndlovu sues a contractor for defective work on two separate projects. Her attorney files a narratio that places each project's facts and claims in separate numbered paragraphs. The court grants a motion to dismiss one count while allowing the other to proceed because the paragraphs clearly separate the transactions.
Nestor Navarro records a declaration imposing use restrictions on lots in a new subdivision. A buyer later challenges enforcement. The court treats the recorded declaration as the operative narratio that created the servitudes under the restatement rule and enforces the restrictions against the buyer.
Natalie Norris files a petition for dissolution against her spouse. The caption of her narratio reads In re the Marriage of Natalie Norris and Noah Nakamura. The court accepts the filing and proceeds with the dissolution action under the uniform act format.
Northstar Logistics files a complaint alleging that landmark restrictions prevent profitable use of its terminal. The narratio details the economic impact and investment-backed expectations. The court applies the Penn Central factors to determine whether a taking occurred.
Nile Shipping serves process on a nonresident defendant by publication after the defendant conveyed land in the forum state. The narratio alleges the conveyance as the basis for jurisdiction. The court upholds service under the traditional presence rule from Pennoyer.
A narratio served as the plaintiff's formal statement of facts and legal arguments that initiated the action. It centered the entire legal process by requiring the plaintiff to articulate the claim orally or in writing so the court and defendant understood the basis for relief.
Supporting sources
A narratio was the core narrative pleading at common law that set forth facts and arguments. Modern complaints perform a similar function but must also satisfy detailed formatting rules such as numbered paragraphs under civil procedure rules.
Supporting sources
Yes. A signed declaration by the owner that identifiable property is held as trustee satisfies the code's method for creating a trust by declaration. The narratio must identify the property with sufficient clarity to meet the identifiability requirement.
…-- Case information - Decided: 23 February 1854 - Judges: Alderson, B. The first count of the declaration stated that, before and at the time of the making by the defendants of the promises hereinafter mentioned, the plaintiffs carried on the business of millers and mealmen in copartnership,…