Also known as: present · presents · presented · presenting · presentation · presentments · presenter · presentence · these presents · bill of presentment
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A demand made by a person entitled to enforce a negotiable instrument for payment or acceptance by the party obliged to pay or accept it. The demand must occur at the place of payment or through proper channels to trigger secondary liability of drawers and indorsers upon dishonor.
A demand made by a person entitled to enforce a negotiable instrument for payment or acceptance by the party obliged to pay or accept it. The demand must occur at the place of payment or through proper channels to trigger secondary liability of drawers and indorsers upon dishonor.
Select any source to read its text and confirm it supports the definition.
A report issued by a grand jury on its own initiative without a prosecutor's request that charges a public crime. Presentments are no longer used in federal practice, where indictments now serve as the primary charging mechanism.
Select any source to read its text and confirm it supports the definition.
The constitutional requirement that a bill passed by both houses of Congress be submitted to the President for approval or veto before it can become law. Bicameral passage alone is insufficient without this step.
Select any source to read its text and confirm it supports the definition.
A report issued by a grand jury on its own initiative without a prosecutor's request that charges a public crime. Presentments are no longer used in federal practice, where indictments now serve as the primary charging mechanism.
The constitutional requirement that a bill passed by both houses of Congress be submitted to the President for approval or veto before it can become law. Bicameral passage alone is insufficient without this step.
Each sense below has its own examples, sources, and questions.
Alice Rivera held a promissory note from Bob Chen due on March 1. She appeared at Chen's office with the note and demanded payment. When Chen refused, Rivera notified the indorser of dishonor and enforced secondary liability.
Delta Finance presented a matured note to Echo Corp at its registered office. The treasurer examined the instrument and declined payment. Delta then sued the corporate maker and its indorsers for the unpaid amount.
Frank Torres transferred a check to Gina Lopez by indorsement. Lopez presented the check to the drawee bank the next business day. The bank dishonored it for insufficient funds, allowing Lopez to pursue Torres on his indorser's liability.
Presentment for payment must be duly made to the maker and the note must not be paid on the day of presentment. Without proper presentment and dishonor, the drawer is not liable on the instrument.
Supporting sources
Yes, unless presentment is excused under the Code. The indorser is entitled to presentment and notice of dishonor before secondary liability attaches.
Supporting sources
Parker Phillips stood nearby and encouraged Phuong Pham to enter the warehouse and steal electronics. The grand jury learned of the events through its own investigation and issued a presentment naming both individuals. The presentment allowed the prosecutor to proceed against Parker as a principal in the second degree without a separate indictment.
Phoebe Park testified before the grand jury about a public corruption scheme. Government attorneys and a court reporter remained present during her questioning under the rule governing grand jury sessions. The grand jury later issued a presentment based on the evidence it gathered independently.
A presentment is initiated by the grand jury itself without a prosecutor's request or presentation of evidence. An indictment requires the prosecutor to present evidence and seek the grand jury's approval.
Supporting sources
No. The Fifth Amendment permits presentment or indictment, but presentments have fallen into disuse and indictments are now the exclusive charging method in federal court.
Supporting sources
Congress passed a spending bill and sent it to the White House. The President reviewed the measure for ten days. Without signature or veto, the bill became law only after presentment was completed.
The Constitution requires presentment so the President can approve or veto the measure. Bicameral passage alone does not make a bill law without this step.
Supporting sources
…cases illustrate the practice of issuing mandamus to compel ministerial acts concerning the public including compelling the presentment of conveyances, admitting to administer an estate, putting corporate seals to instruments and delivering papers which concern the public. The first writ of mandamus commands the officer to…