Written by attorneys · grounded in primary & secondary sources — see below
An archaic third-person singular form of the verb say. It appears in older legal documents and pleadings to record what a party states or asserts under oath or in formal filings.
Sources & Authorities· 8 sources
Select any source to read its text and confirm it supports the definition.
Restatements
Study Supplements
How it applies
Common Examples
6
Self-Defense Force Assessment
In a seventeenth-century trespass action, the defendant filed an ancient plea. The defendant saith that the intruder swung a metal pipe at his head. The court examined whether the threatened injury qualified as serious bodily harm under the governing standard.
Marital Privacy Challenge
In an early common-law bill in equity, the complainant challenged a marital restriction. Sophia Singh saith in her complaint that the law intruded on protected personal decisions within the marital relationship. The court evaluated the claim under recognized constitutional privacy principles.
In a nineteenth-century attachment proceeding, the nonresident owner filed a historical motion. Seth Shapiro saith in his motion that the attachment alone did not establish jurisdiction over his person. The court considered whether the property provided a sufficient basis for in personam jurisdiction.
Pennoyer v. Neff95 U.S. 714, 732–33 (1878)
Compelled Speech Objection
In a mid-twentieth-century school mandate challenge drafted in archaic style, the students filed their pleading. Sydney Santos saith in the complaint that the requirement forced them to affirm a belief contrary to their convictions. The court assessed whether the mandate violated free speech protections.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
Confrontation Clause Application
In an older recorded-statement dispute, counsel filed a pretrial motion using period language. Sarah Sullivan saith in her pretrial motion that the statement was testimonial and that cross-examination was required. The court determined whether admission would violate the confrontation right.
Crawford v. Washington541 U.S. 36 (2004)
Pleading Sufficiency Review
In a historical antitrust filing, the plaintiffs used traditional phrasing in their complaint. Skylar Sullivan saith in the complaint that parallel conduct plus additional facts supported an inference of conspiracy. The court examined whether the allegations crossed the threshold from conceivable to plausible.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Common questions
Frequently Asked
3
When is the word saith still encountered in modern legal practice?+
Saith appears primarily in historical documents, old pleadings, and certain standardized forms that retain archaic language. Contemporary drafting manuals list it among terms that modern practitioners should recognize but rarely use.
Does saith carry any special legal effect beyond its ordinary meaning?+
No. Saith functions simply as the third-person singular of say. Its presence signals older drafting style rather than any distinct substantive rule or privilege.
Should a bar examinee use saith when drafting a modern pleading?+
No. Modern rules and conventions favor plain contemporary English. Using saith would appear anachronistic and could distract from the substantive content of the filing.
576 U.S. 644 (2015)Legislation and Regulation
…Idea of Marriage and Family, in The Meaning of Marriage 100, 102 (R. George & J. Elshtain eds. 2006). The Constitution itself says nothing about marriage, and the Framers thereby entrusted the States with “[t]he whole subject of the domestic relations of husband and wife.” Windsor , 570 U. S., at (slip op., at 17)…