Also known as:puts on notice · putting on notice · put on constructive notice · put on actual notice · notice · actual notice
Written by attorneys · grounded in primary & secondary sources — see below
A condition in which a party has received information or knowledge of a fact or circumstance that triggers legal duties or consequences under applicable rules.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Mortgagor Receives Foreclosure Notice
Paula Pierce fell behind on mortgage payments to Pacific Bank. The bank sent her a written notice stating that it would accelerate the debt and initiate foreclosure proceedings. After receiving the notice, Paula understood that her equity of redemption would soon terminate if she did not cure the default.
Party Receives Court Ruling Notice
Phuong Pham filed a motion to dismiss under Rule 12. The court denied the motion. After receiving notice of the denial, Phuong had fourteen days to serve her answer to the complaint.
Party Requests Judicial Notice
Pearl Porter asked the court to take judicial notice of a publicly recorded deed. Once the court received the necessary information, it was required to take notice of the fact.
Paul Peterson entered a plea of not guilty. Within ten days he filed written notice that he intended to rely on a mental disease defense. The notice allowed him to introduce evidence of that defense at trial.
Landlord Gives Tenancy Termination Notice
Perry Pratt rented property month to month from Peak Performance. The company delivered written notice that it would terminate the tenancy at the end of the next period. The notice ended the landlord-tenant relationship once the period expired.
Defendant Files Removal Notice
Pamela Phillips was served with a state-court complaint. She filed a notice of removal in federal district court within thirty days, including a short statement of the grounds and copies of all served process.
Common questions
Frequently Asked
3
What legal effect follows when a party is put on notice of a fact?+
The party becomes subject to duties or consequences that the applicable rule attaches to that knowledge, such as the obligation to respond within a deadline or the loss of priority to a subsequent purchaser.
Does informal knowledge count as being put on notice?+
Yes. A person has notice if the person knows the fact, has reason to know it, should know it, or has been given notification of it.
How does being put on notice affect removal deadlines?+
The thirty-day removal clock begins when the defendant receives formal service of the initial pleading, not merely informal notice of the suit.
5 U.S. (1 Cranch) 137 (1803)Property
…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…