Also known as: drafts · drafted · drafting · drafter · drafters · preliminary version · legal drafting
Written by attorneys · grounded in primary & secondary sources — see below
An unconditional written order signed by one person directing another person to pay a sum of money on demand or at a definite time to a third person or to bearer.
Deanna Davenport, a sitting judge, receives a draft drawn on her sister's account at First Bank ordering payment to a vendor. She advises her sister on presentment but does not appear in any proceeding. The rule permits this limited advice but bars courtroom representation.
Derek Douglas holds a draft payable by Darius Dixon's bank to settle a nuisance claim. The court considers whether an order directing payment can be drafted with sufficient precision to guide Dixon and permit contempt enforcement. Because detailed drafting is feasible, judgment on the draft issues.
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Daniel Diaz refuses to honor a draft presented by the government for military service fees. The government prosecutes under a statute aimed at preserving the selective service system. The law survives constitutional challenge because it regulates conduct rather than suppressing expression tied to the instrument.
Demetrius Douglas issues a draft to Drake Logistics at closing to pay the purchase price. The parties' attorneys ensure the draft and related instruments reflect clear title. Proper presentment of the draft prevents later disputes over payment or ownership.
Darrell Duncan writes a check on his account at First Bank and delivers it to a supplier. First Bank is the drawee ordered to pay the instrument when presented. Upon proper presentment the bank must decide whether to honor the order.
Delta Dynamics issues a draft ordering its bank to pay a vendor. The company signs as drawer and thereby orders payment from the drawee. The vendor may enforce the instrument against Delta if the drawee dishonors it.
The drawer is the person who signs or is identified in the draft as the person ordering payment. This party creates the order that the drawee must follow.
The drawee is the person ordered in the draft to make payment. The drawee is typically a bank when the instrument is a check.
A judge may give advice about a draft instrument received by a family member without compensation but may not serve as the family member's lawyer in any forum concerning enforcement of that draft.
A court must consider whether an order directing payment on a draft can be drafted with reasonable precision and enforced. If drafting and enforcement would be impracticable, relief on the instrument may be withheld.
…corresponds to UCC § 2-201, and other citations are easy to derive.) One of the court’s reasons—that by proposing as part of the draft Article 2B a new UCC § 2-2203 that would explicitly validate standard-form user licenses, the American Law Institute and the National Conference of Commissioners on Uniform Laws have…