Also known as:sets out · setting out · set-out · set forth
Written by attorneys · grounded in primary & secondary sources — see below
To state or specify designated information within a particular document or attachment.
Sources & Authorities· 35 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
How it applies
Common Examples
6
Deposition Notice Lists Documents
Stephen Shaw serves a notice for the deposition of a corporate officer at Sentinel Security. The notice states that a subpoena duces tecum will accompany the deposition and lists the precise categories of emails and contracts to be produced. Because the materials are identified in the notice itself, the requirements for the subpoena are satisfied and the deponent must bring the documents.
Implied Easement From Division
Sebastian Santos conveys the western half of his parcel to Santiago Sanchez while retaining the eastern half. The deed contains no express easement language, yet the circumstances of the division show that access across the retained land is necessary. The limitations in the governing sections are therefore satisfied and an easement arises by implication.
Commercial Speech Restriction Test
Solomon Silver challenges a city ordinance that bans all outdoor advertising by his landscaping business. The court applies the four-part inquiry announced for commercial speech and first asks whether the speech concerns lawful activity and is not misleading. Finding that it does, the court proceeds to the remaining three questions to decide the ordinance's validity.
Separation Agreement In Decree
Scott Summers and his spouse submit a separation agreement to the court in their dissolution proceeding. The agreement does not state that its terms should be omitted from the decree. The court therefore incorporates the agreement's property division and maintenance provisions directly into the final judgment and orders the parties to perform them.
Pour-Over Devise To Trust
Samuel Soto's will devises his residuary estate to the trustee of a revocable trust he created during life. The will identifies the trust by name and date and states that its terms appear in the separate trust instrument executed the same day. Because the trust terms are set forth in that identified writing, the devise is valid and the property passes into the trust.
Articles Must Specify Shares
Solstice Ventures files articles of incorporation that simply authorize ten million shares of stock without identifying any classes or series. Before issuing preferred shares with special dividend rights, the organizers must amend the articles to state the classes authorized and describe the rights of each class.
Common questions
Frequently Asked
6
When must materials be listed in a deposition notice rather than only in the subpoena?+
The rule requires that any materials designated for production in a subpoena duces tecum be listed in the notice or an attachment so the opposing party receives clear notice of what will be sought at the deposition.
Supporting sources
Does an easement by implication arise only when the conveyance satisfies the formal requirements of local law?+
Yes. The Restatement requires that the conveyance meet the formal requisites established by local law for creating an estate of the same duration before an easement can be implied from the circumstances of the division.
What is the first step in the test for restrictions on commercial speech?+
The speech must concern lawful activity and not be misleading. Only if that threshold is met does the court examine whether the government interest is substantial and the regulation directly advances it in a manner that is not more extensive than necessary.
Supporting sources
When are the terms of a separation agreement incorporated into the dissolution decree?+
Unless the agreement itself provides otherwise, its terms are set forth in the decree and the parties are ordered to perform them once the court finds the agreement is not unconscionable as to property or maintenance.
Supporting sources
How does a will validly pour over property into a trust whose terms appear outside the will?+
The will must identify the trust and state that its terms are set forth in a separate written instrument executed before, with, or after the will. Once that identification is made the property passes into the trust and is administered under its terms.
Supporting sources
What must the articles of incorporation contain before a corporation can issue shares of more than one class?+
The articles must set forth each authorized class and series, the number of shares in each, and a distinguishing designation together with the preferences, rights, and limitations of each class or series.
Supporting sources
in N. Y. C. Admin. Code, ch. 8-A (1976), requires only that the selected landmark be at least 30 years old and possess “a special character or special historical or aesthetic interest or…
in the account upon everyone having any interest in the common fund or in any participating estate, trust or fund. In January, 1946, Central Hanover Bank and Trust Company established a…
Trusts and Estates Trusts and Future InterestsFuture interests · Powers of appointmentUBEFoundational