Also known as: seals · sealed · sealing · under seal · sealed instrument
Written by attorneys · grounded in primary & secondary sources — see below
An impression or device affixed to a document to authenticate it or manifest the intent that the document operate as a sealed instrument. The seal supplies formal validity or self-authentication under governing rules without further extrinsic proof.
State officials prepare the certificates listing each elector's vote for President. They sign and certify the lists then transmit them sealed to the President of the Senate. The sealed transmission satisfies the constitutional requirement for delivery of the official tally.
During discovery Sierra Santos's counsel produces an email later claimed as work product. Opposing counsel receives notice of the claim and immediately sequesters the document. The court later reviews the material presented under seal to resolve the privilege dispute.
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Sabrina Shah executes a deed granting an easement across her land to a neighbor. The deed is prepared as a written instrument under seal. The seal supplies the formal requisite for creation of the easement by inter vivos conveyance.
A clerk of a state trial court attests a judgment and annexes the court's seal. The sealed record is presented in federal court. The seal together with the clerk's attestation authenticates the proceeding for full faith and credit purposes.
Spectrum Financial offers a certificate bearing the seal of the United States Department of the Treasury. The document requires no extrinsic evidence of authenticity. The seal alone satisfies the self-authentication rule for admission.
Simon Stern holds a power of attorney from his principal. He executes and seals a deed conveying the principal's real property to complete a sale. The agent's authority expressly includes the power to seal instruments necessary to accomplish the transaction.
Modern authority has largely abandoned the common-law rule that a sealed instrument requires no consideration. Most jurisdictions treat the seal as a formality that no longer creates an irrebuttable presumption of consideration.
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After receiving notice of a privilege claim the receiving party must promptly return or sequester the material. The producing party may then present the information to the court under seal for a judicial determination while preserving the material until resolution.
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A seal of the issuing court together with the clerk's attestation proves the record and entitles it to full faith and credit in every other court within the United States.
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A document bearing a seal purporting to be that of the United States a state or a political subdivision is self-authenticating. No extrinsic evidence of authenticity is required for admission.
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The power of attorney may expressly authorize the agent to execute acknowledge seal deliver or record any instrument the agent deems desirable to accomplish a transaction on the principal's behalf.
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…in many instances is practically meaningless. In the particular case he was concerned with food for human consumption in a sealed container. Perhaps no more apt illustration of the notion can be thought of than the instance of the ordinary purchaser who informs the automobile dealer that he desires a car for the…