Written by attorneys · grounded in primary & secondary sources — see below
A record or communication embodied in a tangible document or retrievable electronic medium.
Willow Walker signed a purchase agreement with Woodridge Manufacturing for a warehouse. The contract contained a merger clause declaring the written document the complete agreement. After closing, Willow discovered an oral side promise about roof repairs that was omitted from the deed. The court refused to enforce the side promise because the written contract controlled post-closing obligations.
Wilma Wright filed a complaint in federal court without any signature. The opposing party moved to strike the document. The court ordered the pleading stricken because it lacked the required signature of an attorney of record or unrepresented party.
Select any source to read its text and confirm it supports the definition.
Warren Woods offered an email into evidence to prove the defendant made a threat. The email contained a typed message sent by the defendant. The court treated the email as a written assertion qualifying as a statement under the evidence rules.
Winter Wolfe entered a not guilty plea and later wished to raise a mental disease defense. Her attorney filed a written notice ten days after the plea. The court accepted the notice as timely and permitted the defense at trial.
Wanda Weaver retained Wolverine Steel's counsel on a personal injury matter. The lawyer prepared a written agreement stating the percentage fee and expense deductions. The client signed the document before any work began, satisfying the writing requirement for contingent fees.
Wren Wallace conveyed an easement over her land to Watershed Pharmaceuticals using a document bearing a seal. The written instrument satisfied the formal requirements for creating the easement by conveyance. The court upheld the easement against later challenges to its validity.
A written memorandum satisfies the statute of frauds when it is signed by the party to be charged and contains the essential terms of the agreement. Courts accept writings made before or after formation so long as they evidence the contract.
A contingent fee agreement must be in a writing signed by the client that states the method for determining the fee, the percentage that accrues on settlement or judgment, and how expenses will be handled.
A written assertion is a person's statement recorded in tangible or electronic form that the person intended as an assertion. Such writings are treated as statements and may constitute hearsay when offered for their truth.
An unsigned pleading must be stricken unless the omission is promptly corrected after it is called to the attention of the attorney or party. The rule requires every pleading and motion to bear the signature of at least one attorney of record or the unrepresented party.
A merger clause stating that the written contract is the complete agreement typically bars enforcement of prior oral or written promises not reflected in the deed after closing. Exceptions exist for fraud, mistake, or collateral agreements not intended to merge.
…and opined he was not bound to answer as to facts which came officially to his knowledge while so acting. The questions were written and handed to him and he said his objections were of two kinds: first, he did not think himself bound to disclose his official transactions while acting as Secretary of State; second, he…