An unfilled space or portion left open in a legal document or form for later completion with required information. The space must be filled before the document takes effect or is served on another party. Completion by an authorized person adopts the prior execution with respect to the added content.
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Common Examples
6
Blank Subpoena Issued to Prosecutor
The clerk handed Brenda Booth a signed and sealed subpoena form containing only blank spaces for the witness name and hearing details. Brenda filled in the name of a key eyewitness and the date of the suppression hearing before serving the document. The completed subpoena then commanded the witness to appear and testify as required.
Divorce Decree Beneficiary Designation
Blake Butler's ERISA plan documents left a blank space after the word spouse in the beneficiary section. After the divorce the plan administrator consulted state property law to determine whether the designation remained valid. The completed form was treated as adopted once the blank was filled under proper authority.
Donna Rae Egelhoff was married to David A. Egelhoff. Mr. Egelhoff was employed by the Boeing Company, which provided him with a life insurance policy and a pension plan. Both plans were governed by ERISA, and Mr. Egelhoff designated his wife as the beneficiary under both.
In April 1994, the Egelhoffs divorced. Just over two months later, Mr. Egelhoff died intestate following an automobile accident. At that time, Mrs. Egelhoff remained the listed beneficiary under both the life insurance policy and the pension plan. The life insurance proceeds, totaling $46,000, were paid to her.
Respondents Samantha and David Egelhoff, Mr. Egelhoff's children by a previous marriage, are his statutory heirs under state law. They sued petitioner in Washington state court to recover the life insurance proceeds. In a separate action, respondents also sued to recover the pension plan benefits.
The trial courts, concluding that both the insurance policy and the pension plan "should be administered in accordance" with ERISA, granted summary judgment to petitioner in both cases. The Washington Court of Appeals consolidated the cases and reversed. Applying the statute, it held that respondents were entitled to the proceeds of both the insurance policy and the pension plan. The Supreme Court of Washington affirmed.
Courts have disagreed about whether statutes like that of Washington are pre-empted by ERISA. The Supreme Court granted certiorari to resolve the conflict.
Byron Bishop was charged under a federal statute containing a blank space for the jurisdictional element. The Court examined whether Congress could fill that blank through the Commerce Clause. The decision clarified limits on filling regulatory blanks in criminal statutes.
United States v. Lopez514 U.S. 549 (1995)
In March 1992, Alfonso Lopez, Jr., a twelfth-grade student at Edison High School in San Antonio, Texas, arrived at school carrying a concealed .38-caliber handgun and five bullets. Acting on an anonymous tip, school authorities confronted Lopez, who admitted possessing the weapon. Local police arrested him and charged him under Texas law with firearm possession on school premises.
The following day, state charges were dismissed after federal agents charged Lopez with violating the Gun-Free School Zones Act of 1990. A federal grand jury indicted him on one count of knowing possession of a firearm at a school zone. Lopez moved to dismiss the indictment, arguing that the statute exceeded Congress's power to legislate control over public schools.
The district court denied the motion, concluding that the statute was a constitutional exercise of Congress's power to regulate activities affecting commerce because the business of schools affects interstate commerce. After a bench trial, the court found Lopez guilty and sentenced him to six months' imprisonment and two years of supervised release.
Lopez appealed to the Court of Appeals for the Fifth Circuit, which reversed the conviction, holding that the statute was beyond Congress's power under the Commerce Clause. The Supreme Court granted certiorari to review the case.
Beatrice Brown signed a printed purchase order containing a warranty disclaimer in a blank space provided on the form. The court examined whether the manufacturer had fairly procured the clause that appeared in the blank. Because the clause was not fairly obtained the disclaimer failed to exclude implied warranties.
In May 1955, Claus H. Henningsen purchased a new 1955 Plymouth Plaza Club Sedan from Bloomfield Motors, Inc., an authorized De Soto and Plymouth dealer for Chrysler Corporation.
Mr. Henningsen intended the car as a Mother's Day gift for his wife, Helen Henningsen, and communicated that intention to the dealer. He alone signed a one-page printed purchase-order form. The reverse side contained, in fine six-point script type, a warranty clause limiting the manufacturer's obligation to replacement of defective parts within ninety days or four thousand miles and disclaiming all other warranties, express or implied. The front of the form contained two even smaller paragraphs directing attention to the back-side conditions. The form was a standardized document prepared by the manufacturer and used by all its dealers. No one called the fine-print provisions to Mr. Henningsen's attention, and he did not read them.
The car was delivered on May 9, 1955, after the dealer performed the items listed in Chrysler's New Car Preparation Service Guide. On May 19, 1955, while Mrs. Henningsen was driving north on Route 36 in Highlands, New Jersey, at twenty to twenty-two miles per hour on a smooth, paved highway, she heard a loud noise from the front of the car. The steering wheel spun in her hands and the vehicle veered sharply into a highway sign and brick wall. The car had been driven only 468 miles, had required no servicing, and had exhibited no unusual behavior before the accident.
An insurance appraiser with eleven years of experience examined the wrecked vehicle and concluded that something in the steering mechanism from the wheel down to the front wheels had broken or dropped off. Plaintiffs also presented expert testimony that the steering failure resulted from a latent manufacturing defect that could not have been discovered by reasonable inspection. The negligence counts against both defendants were dismissed at trial. The case was submitted to the jury solely on the implied-warranty claims.
The jury returned verdicts for both plaintiffs against Chrysler Corporation and Bloomfield Motors, Inc. Defendants appealed and plaintiffs cross-appealed from the dismissal of the negligence claim. The Supreme Court of New Jersey certified the matter directly before consideration by the Appellate Division.
Bobby Brady signed a witness statement form that left a blank space for details of the altercation. The prosecution sought to fill the blank with a prior description. The Court held that the completed statement was testimonial and could not be admitted without confrontation.
Crawford v. Washington541 U.S. 36 (2004)
On August 5, 1999, Michael Crawford stabbed Kenneth Lee in the torso during a confrontation at Lee's apartment.
Crawford and his wife Sylvia had gone there after Sylvia alleged that Lee had attempted to rape her several weeks earlier. Lee was taken to the hospital and later died from his wounds. Police arrested both Crawford and Sylvia that night.
Detectives gave Miranda warnings and interrogated Sylvia twice at the station house. In her recorded statement Sylvia initially denied involvement but eventually admitted she had led Crawford to Lee's apartment and had seen the stabbing. Crawford also gave police a statement describing the events and his belief that Lee may have reached for something before the stabbing. At trial Crawford asserted self-defense, but Sylvia did not testify because of Washington's marital privilege.
The State offered Sylvia's tape-recorded statement as evidence that the stabbing was not in self-defense and invoked the hearsay exception for statements against penal interest. The trial court admitted the statement after finding it bore particularized guarantees of trustworthiness. The jury convicted Crawford of assault. The Washington Court of Appeals reversed after applying a nine-factor test and concluding the statement lacked sufficient indicia of reliability.
The Washington Supreme Court reinstated the conviction. It determined that Sylvia's statement interlocked with Crawford's statement and therefore bore adequate guarantees of trustworthiness, noting that both accounts were ambiguous on whether Lee had possessed a weapon. The United States Supreme Court granted certiorari.
Bianca Baker received takeover announcements that concealed target names with blank spaces on the forms. She deduced the targets from other information and traded on the knowledge. The Court held that the blanks did not relieve her of the duty to disclose before trading.
Chiarella v. United States445 U.S. 222, 228 (1980)
In 1975 and 1976 Vincent Chiarella worked as a markup man in the New York composing room of Pandick Press, a financial printer.
Among the documents he handled were five announcements of corporate takeover bids. The identities of the acquiring and target corporations were concealed by blank spaces or false names. The true names were sent to the printer on the night of the final printing.
Chiarella deduced the names of the target companies from other information contained in the documents. Without disclosing his knowledge, Chiarella purchased stock in the target companies. He sold the shares immediately after the takeover attempts were made public.
By this method he realized a gain of slightly more than $30,000 in the course of fourteen months. The Securities and Exchange Commission subsequently began an investigation of his trading activities.
In May 1977 Chiarella entered into a consent decree with the Commission in which he agreed to return his profits to the sellers of the shares. On the same day he was discharged by Pandick Press. In January 1978 he was indicted on seventeen counts of violating § 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5.
After he unsuccessfully moved to dismiss the indictment, he was tried and convicted on all counts in the District Court. The Court of Appeals for the Second Circuit affirmed the conviction. The Supreme Court granted certiorari.
How must a blank subpoena be completed before service?
The party who receives the signed and sealed blank form must fill in the witness name, time, and place before serving the subpoena. Proper completion ensures the document commands attendance at the specified proceeding.
What happens when an agent fills blanks in a document without authority?
The principal is not bound if the recipient had notice that the blanks were unfilled. Without such notice the principal may be liable as if the blanks had been properly completed.
Does a signature on a form with blanks left for later completion satisfy the statute of frauds?
Yes if the signer later fills a blank or authorizes another to do so. The prior signature is treated as adopted with respect to the added portion.
541 U.S. 36 (2004)
…think that he pulled somethin' out and I grabbed for it and that's how I got cut . . . but I'm not positive. I, I, my mind goes blank when things like this happen. I mean, I just, I remember things wrong, I remember things that just doesn't, don't make sense to me later." App. 155 (punctuation added). Sylvia generally…