Written by attorneys · grounded in primary & secondary sources — see below
An adjective used in legal drafting to refer back to a person, thing, or document previously identified in the text.
Sources & Authorities· 14 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Electoral Vote Tie Resolution
Sabrina Shah challenged the outcome of a presidential election. The said electors met in their respective states and cast ballots for two persons. The court reviewed whether the said House of Representatives had properly chosen the president after no candidate secured a majority.
Custodial Interrogation Statements
Sasha Stone was taken into custody and questioned about a robbery. The said statements were later offered at trial. The court excluded them because the said warnings about silence and counsel had never been given.
Out-of-State Judgment Enforcement
Simone Sanders sought to enforce a custody order from another state. The said records were authenticated by the clerk and seal of the issuing court. The court granted them the same full faith and credit as judgments from the forum state.
Skylar Sullivan agreed to sell goods to Sierra Solutions without stating a price. The said contract remained enforceable. The court supplied a reasonable price at the time for delivery under the governing statute.
Statute of Frauds Memorandum
Samantha Stone signed a written offer to sell land before any acceptance. The said memorandum satisfied the statute even though it predated formation. The court enforced the later oral acceptance against the offeror.
Federal Crime Venue
Sylvia Santos was tried for a federal offense committed outside any state. The said crimes were tried at a place designated by Congress. The court upheld the venue as consistent with the constitutional grant of judicial power.
Common questions
Frequently Asked
3
Why do modern legal drafters avoid the word said?+
Modern drafting guides treat said as unnecessary legalese that reduces readability without adding precision. Writers are instructed to replace it with the, that, this, or a simple pronoun.
Does said ever appear in contemporary legal documents?+
Said still surfaces in patent claims and some formal instruments, though even there the ordinary word the is increasingly preferred for the same referential function.
How does said differ from the in a legal text?+
Said explicitly signals a reference back to an earlier mention, while the performs the same task without the archaic flavor. Both achieve the identical referential result when used consistently.
5 U.S. (1 Cranch) 137 (1803)Property
…answer as to facts which came officially to his knowledge while so acting. The questions were written and handed to him and he said his objections were of two kinds: first, he did not think himself bound to disclose his official transactions while acting as Secretary of State; second, he ought not be compelled to answer…