Written by attorneys · grounded in primary & secondary sources — see below
Legal notification required by law or agreement that informs a party of an existing right, duty, or fact. A person has notice when possessing actual knowledge, receiving information, having reason to know from related facts, or being charged with awareness through official records or filings.
Sources & Authorities
How it applies
Common Examples
6
Foreclosure Notice to Mortgagor
Nathaniel Newman defaulted on his mortgage held by Norton Bank. The bank initiated judicial foreclosure proceedings and served Newman with process detailing the sale date and redemption rights. Because the required notice reached Newman, the court could terminate his equity of redemption and approve the sale of the property.
Deadline After Motion Denial
Natalie Norris filed a motion to dismiss under Rule 12. The court denied the motion on March 1. Norris received notice of the denial the same day. She therefore had until March 15 to serve her answer to the complaint.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Noah Nakamura asked the court to take judicial notice that a certain public record existed. He supplied the court with a certified copy of the record. Because the request met the rule's requirements, the court took judicial notice of the fact without further proof.
Notice of Insanity Defense
Naveen Nanda entered a not-guilty plea on January 5. On January 12 he filed written notice that he intended to rely on a mental-disease defense. Because the notice was timely, the court permitted him to introduce evidence of the defense at trial.
Ex Parte Communication Disclosure
Judge Nadia Novak received an ex parte email from one party about pending litigation. She immediately notified all other parties of the email's substance in writing. The parties then had an opportunity to respond before the judge took any action.
Client Funds Notification
Nile Shipping received settlement proceeds belonging partly to its client Nathan Nguyen. The firm promptly sent Nguyen a letter describing the funds and the firm's proposed distribution. Nguyen then received the money and an accounting within the required period.
Common questions
Frequently Asked
5
What are the different ways a party can acquire notice of a fact?+
A party acquires notice through actual knowledge, receipt of information, reason to know from surrounding facts, knowledge of a related fact, or constructive awareness from an official filing or recording.
When must a lawyer notify a client upon receiving funds or property?+
A lawyer must promptly notify the client or third person upon receiving funds or other property in which the client or third person has an interest and must promptly deliver the funds or property and render an accounting upon request.
What timing requirement applies to a defendant's notice of an insanity defense?+
The defendant must file written notice of intent to rely on a mental-disease defense at the time of the not-guilty plea, within ten days thereafter, or at a later time permitted by the court for good cause.
How does notice affect the validity of a foreclosure sale?+
Parties to a foreclosure proceeding must receive notice. Failure to give notice to necessary parties such as the mortgagor or junior lienholders may affect the validity of the sale or the extinguishment of junior interests.
What obligation does a judge have after an ex parte communication?+
The judge must promptly notify all other parties of the substance of the ex parte communication and give the parties an opportunity to respond.
9 Ex. 341, 156 Eng. Rep. 145 (1854)Remedies
…jure non remota causa sed proxima spectatur"[^maj-1] was invoked. The defendants submitted that without a special contract or notice of special circumstances the liability of a common carrier is confined to the loss that would ordinarily arise from his breach and that notice to a clerk in the ordinary course could not…