Written by attorneys · grounded in primary & secondary sources — see below
A personal name or designation used to identify parties, sign documents, or satisfy statutory requirements in legal proceedings. The term supplies the identifying information required for pleadings, notices, and instruments to have legal effect.
Sources & Authorities· 30 primary sources
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Cases
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How it applies
Common Examples
6
Unsigned Complaint Stricken
Neville Norton filed a complaint in federal court but omitted any signature or contact information. The clerk notified him of the defect. When he failed to correct it promptly, the court struck the pleading under the signature requirement.
Specialist Certification Advertisement
Nia Nkosi advertised her services as a certified tax specialist. The communication failed to name the certifying organization. The bar grievance committee cited the omission as a violation of the advertising rule.
Corporate Venue Determination
Nexus Financial, a defendant entity, was sued in a district where it was subject to personal jurisdiction. The court deemed the corporation to reside in that district for venue purposes based on its capacity to sue and be sued under its common name.
Partnership Property Presumption
Natalie Norris and Nigel Nelson used partnership funds to purchase equipment. The bill of sale listed only Norris's name without mentioning the partnership. The court presumed the equipment was partnership property because partnership assets were used in the acquisition.
Residual Hearsay Notice
Nadia Novak offered a hearsay statement under the residual exception. She provided written notice to the adverse party before trial that included the substance of the statement and the declarant's name. The court admitted the evidence after confirming the notice requirement was met.
Unsigned Memorandum Validated
Naveen Nanda signed a letter confirming an oral agreement. The letter omitted the buyer's name, but the envelope bore the buyer's name and address. The court read the signed letter and envelope together as a sufficient memorandum satisfying the statute of frauds.
Common questions
Frequently Asked
6
What information must accompany a signature on a federal pleading?+
The paper must state the signer's address, email address, and telephone number. An unsigned paper is subject to being stricken unless the omission is promptly corrected.
Supporting sources
When may a lawyer advertise certification as a specialist?+
The lawyer must be certified by an approved organization and the name of that organization must be clearly identified in the communication. Contact information for a responsible lawyer or firm is also required.
How is venue determined for an unincorporated entity defendant?+
The entity is deemed to reside in any judicial district where it is subject to personal jurisdiction with respect to the action. Its common name under applicable law controls the analysis.
Supporting sources
When is property presumed to belong to a partnership?+
Property purchased with partnership assets is presumed to be partnership property even if title is taken in an individual partner's name without any indication of partnership capacity.
Supporting sources
What notice is required before offering residual hearsay?+
The proponent must give reasonable written notice of the intent to offer the statement, including its substance and the declarant's name, so the adverse party has a fair opportunity to meet it.
Supporting sources
May separate writings together satisfy the statute of frauds?+
Yes. A signed writing may be read together with an unsigned writing if the signed document refers to the unsigned one or the circumstances show they clearly relate to the same transaction and the party to be charged has acquiesced in the unsigned contents.
Supporting sources
and address of the trust company, the
name
and the date of establishment of the common trust fund, and a list of all participating estates, trusts or funds. At the time the first…
Real PropertyOwnership of real property · Special problemsUBEFoundational