Also known as: on record · court of record · attorney of record · matter of record
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A designation indicating that an attorney has appeared for a party in a court proceeding and must receive service of subsequent papers.
A designation indicating that an interest in real or personal property has been entered into the official public records, thereby affecting priority among competing claims.
A designation indicating that an attorney has appeared for a party in a court proceeding and must receive service of subsequent papers.
Odilia Okamura retained counsel who filed an answer in federal court. The attorney signed the document as required and included the firm address and email. Because the signature satisfied the rule for papers presented by an attorney of record, the court accepted the filing without striking it for lack of signature.
Otis Olsen sued a defendant represented by counsel of record. The attorney negotiated and announced a settlement without notifying opposing counsel of any limits on authority. The court enforced the settlement against the client because the opposing party reasonably relied on the representations of the attorney of record.
A designation indicating that an interest in real or personal property has been entered into the official public records, thereby affecting priority among competing claims.
Oceanview Properties held a senior mortgage on a commercial parcel. It released the original mortgage of record and recorded a replacement mortgage with the same principal in the same transaction. The junior lienholder could not promote its interest because the replacement retained the original priority under the applicable rule.
Olympus Banking financed equipment that became fixtures on real property owned by Orbit Communications. The bank perfected its purchase-money security interest by fixture filing. Because the debtor had an interest of record in the real property before the goods became fixtures, the bank's interest took priority over the real-property encumbrancer.
Each sense below has its own examples, sources, and questions.
Olive Okafor and the defendant appeared through counsel in a federal contract action. The attorneys of record met to discuss claims, initial disclosures, and a discovery plan. Because the rule assigns joint responsibility to the attorneys of record for arranging the conference and submitting the report, the court accepted their proposed schedule.
Once an attorney of record has appeared for a represented party, opposing counsel must serve subsequent papers on that attorney rather than on the client. Service on the client is ineffective unless the court orders otherwise. This rule ensures that the attorney managing the case receives all filings and can protect the client's interests.
Opposing counsel may generally rely on the apparent authority of an attorney of record to settle litigation. Absent notice of any limitation on that authority, the settlement is enforceable against the client even if the attorney exceeded actual authority.
Odessa Okada granted a security interest in equipment that became fixtures. The secured party perfected by fixture filing before the real-property owner's interest was recorded. Because the debtor held an interest of record in the real property and the filing preceded the owner's record interest, the security interest gained priority over the conflicting claim.
The replacement mortgage ordinarily retains the priority of the original mortgage. An intervening junior interest does not gain priority unless the change in terms materially prejudices the junior holder or a subsequent purchaser protected by the recording act acquires an interest while the senior mortgage is not of record.
A perfected security interest in fixtures has priority if the debtor has an interest of record in the real property and the security interest is a purchase-money interest that arose before the goods became fixtures. The interest must also be perfected by a fixture filing within the required time.
…this Court always has required plaintiffs challenging the constitutionality of an ordinance to provide "some factual foundation of record" that contravenes the legislative findings. O'Gorman & Young , 282 U. S., at 258. In the absence of such proof, "the presumption of constitutionality must prevail." Id. , at 257. We only…