Also known as: put on notice · on actual notice · on constructive notice · notice
Written by attorneys · grounded in primary & secondary sources — see below
A state in which a party has received information or notification of a fact or proceeding that affects legal rights or obligations. Receipt of such information triggers duties to act, starts time periods, or imputes knowledge for priority and liability purposes.
Select any source to read its text and confirm it supports the definition.
Oceanview Properties holds a mortgage on Orion Orlov's commercial building. Orion misses three payments. Oceanview sends Orion a letter declaring the full balance due and stating that foreclosure proceedings will begin if the amount is not paid within thirty days. Orion receives the letter but takes no action. The mortgagee then commences foreclosure and Orion cannot later claim lack of awareness of the acceleration.
Optima Health sues Owen Ortega for breach of a services contract. Owen files a motion to dismiss under Rule 12. The court denies the motion on March 1. Owen receives the order on March 3. He must serve his answer by March 17. Failure to meet that deadline exposes him to default.
Ophelia O'Brien, a defendant in a state-court contract action, receives an informal courtesy copy of the complaint by email. Thirty-two days later she is formally served with process. Because she was not on notice for removal purposes until formal service, her notice of removal filed within thirty days after service is timely.
Oriana Oberman is charged with assault. At arraignment she enters a plea of not guilty. Within ten days she files a written notice stating that she intends to rely on the defense of mental disease or defect. Because she was on notice of the filing requirement and complied, the notice allows her to introduce psychiatric evidence at trial that would otherwise be excluded.
Olive Okafor rents an apartment from Onyx O'Reilly on a month-to-month basis. Onyx decides to terminate the tenancy. Onyx delivers written notice to Olive stating that the tenancy will end at the conclusion of the next monthly period. Olive, now on notice of termination, must vacate or the landlord may proceed with eviction.
Ophelia O'Brien, a defendant in a state-court contract action, wishes to remove the case to federal court. Within thirty days after service of the complaint she files a notice of removal in the proper federal district court together with copies of all process and pleadings served on her. Because she was on notice of the removal deadline, the filing transfers the action to federal court.
No. The thirty-day removal period begins only upon formal service of process. A courtesy copy or other informal notice does not trigger the deadline.
The defendant must file a written notice at the time of the not-guilty plea or within ten days thereafter, unless the court permits a later filing for good cause.
…An act of Congress repugnant to the Constitution cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the…