Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase introducing an element, requirement, or consequence that exists beyond those already identified in a rule or agreement. The phrase signals an expansion of scope without displacing the original items or duties.
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How it applies
Common Examples
6
Expert Witness Disclosure Obligation
Arcadia Retail sued a supplier for defective goods and made its initial Rule 26(a)(1) disclosures. Later, Arcadia decided to call a forensic accountant at trial. Arcadia must disclose the accountant's identity to the supplier because the rule requires identification of any witness who will present evidence under Federal Rule of Evidence 702, 703, or 705 in addition to the initial disclosures.
Agent's Duty of Care
Adrian Aguilar hired Angela Acosta as his paid real-estate agent. Acosta possessed special knowledge of local zoning variances. Acosta owes Aguilar the standard care of an ordinary agent and, in addition, must exercise the special zoning skill she actually possesses when advising on the purchase.
Trust Termination Grounds
Andrew Avery created a trust to fund college scholarships for local students. After the local college closed and no replacement purpose remained feasible, the trust terminated because no purpose could be achieved. The termination occurred in addition to any revocation or expiration under the trust's own terms.
Shareholder Director Nominees
Astra Aerospace's bylaws required the company to include shareholder-nominated candidates in its proxy materials for director elections. When the board nominated three directors, the company had to list one or more individuals nominated by a shareholder in addition to the board's nominees.
Buyer's Remedies on Seller Breach
Alpine Mining contracted to buy specialized drilling equipment from Argonaut Shipping. When Argonaut failed to deliver, Alpine canceled the contract and recovered the price already paid. Alpine could also pursue cover damages or damages for non-delivery in addition to the refund of the prepaid amount.
Wrongful Dissociation Liability
Amber Alonzo and Ariana Azizi formed a limited partnership. After the partners voted to dissolve, Azizi, a dissociated general partner, secretly signed an improper long-term supply contract. Azizi became liable to the partnership for damages caused by the contract in addition to any preexisting debts she owed the firm.
Common questions
Frequently Asked
4
Does the phrase 'in addition to' create an independent remedy or merely expand an existing one?+
The phrase signals that the new item or duty stands alongside the original list without replacing it. A buyer who cancels and recovers the price paid may still recover cover damages or non-delivery damages. A dissociated partner who incurs post-dissolution liability remains subject to both partnership debts and the separate indemnity obligation created by the statute.
When a rule lists an obligation 'in addition to' another obligation, must a party satisfy both?+
Yes. The structure requires compliance with every listed duty. A paid agent must meet the ordinary standard of care and must also exercise any special skill the agent possesses. A corporation that includes board nominees in its proxy materials must also include qualifying shareholder nominees.
Can a trust terminate for reasons stated 'in addition to' the methods listed in sections 411 through 414?+
Yes. The statute expressly recognizes three additional grounds: revocation or expiration under the trust's own terms, exhaustion of all trust purposes, and impossibility or illegality of the purposes. Any one of these grounds is sufficient to end the trust even if none of the modification or termination procedures in sections 411-414 has been invoked.
Does disclosure of an expert witness occur only under the 'in addition to' clause of Rule 26(a)(2)(A)?+
The rule requires the identity of any witness who will present evidence under Federal Rules of Evidence 702, 703, or 705 to be disclosed in addition to the initial disclosures required by Rule 26(a)(1). The duty is therefore cumulative. A party cannot avoid the expert disclosure by claiming it has already satisfied the initial-disclosure obligation.
to designated buildings—it all depends on how they are done. . . . But to balance a 55-story office tower above a flamboyant Beaux-Arts facade seems nothing more than an aesthetic joke.…
Trusts and Estates Decedents EstatesWills · Construction problemsUBEFoundational