Also known as:actual notice · constructive notice · notice · implied notice
Written by attorneys · grounded in primary & secondary sources — see below
Knowledge of a fact or condition that a party possesses directly or that the law imputes to the party because the party has reason to know it or because it appears in the public record.
Sources & Authorities
How it applies
Common Examples
6
Mortgage Default and Foreclosure Notice
Anchor Bank held a recorded mortgage on property owned by Arthur Abrams. When Abrams missed three payments, Anchor accelerated the debt and initiated foreclosure. Abrams claimed he never received actual notice of the acceleration. The court found that the recorded mortgage and prior correspondence gave Abrams constructive notice of the acceleration clause and foreclosure process.
Motion Denial and Responsive Pleading Deadline
Arcadia Retail sued Alexandra Armstrong and moved to dismiss under Rule 12. The court denied the motion on Monday. Armstrong's counsel received the order that same day. Because Armstrong had actual notice of the denial, the fourteen-day period for serving an answer began immediately.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Judicial Notice Request in Evidence
Anika Anand asked the court to take judicial notice of a recorded deed showing prior ownership. She supplied the court with the official county record. Because the court received the necessary information, it was required to take judicial notice of the fact.
Mental Disease Defense Filing Deadline
Adrian Aguilar entered a not-guilty plea on day one. His attorney discovered evidence of a qualifying mental disease on day twelve. Aguilar filed written notice of the defense on day thirteen. The court accepted the notice because it was filed within the statutory window after the plea.
Periodic Tenancy Termination Notice
Atlas Ventures leased commercial space to Ava Adebayo on a month-to-month basis. Atlas sent written notice of termination on the first of the month. Because both parties had actual notice of the required termination procedure, the tenancy ended at the close of the next full period.
Removal Filing After Service
Andrew Avery was served with a state-court complaint on June 1. He filed a notice of removal in federal court on June 20. Because Avery had actual notice of the pleading through formal service, the thirty-day removal clock began on the date of service.
Common questions
Frequently Asked
3
What is the difference between actual and constructive notice?+
Actual notice is direct, personal knowledge of a fact. Constructive notice is knowledge the law imputes when a party has reason to know the fact or when the fact is recorded in the public records.
Supporting sources
When does a retailer have constructive notice of a product defect?+
A retailer has constructive notice when it has reason to know of the danger from prior complaints, industry information, or other facts that would alert a reasonable seller to investigate the specific item.
Supporting sources
Does a recorded instrument always provide constructive notice?+
A recorded instrument provides constructive notice only to subsequent purchasers who are charged with examining the chain of title under the applicable recording act.
Supporting sources
326 U.S. 310 (1945)Civil Procedure
…Section 14 (c) of the Act (Wash. Rev. Stat., 1941 Supp., § 9998-114c) authorizes appellee Commissioner to issue an order and notice of assessment of delinquent contributions upon prescribed personal service of the notice upon the employer if found within the state, or, if not so found, by mailing the notice to the…