Written by attorneys · grounded in primary & secondary sources — see below
A formal impression or device affixed to a document or instrument to authenticate it or to indicate that the instrument was executed under seal.
Sources & Authorities
How it applies
Common Examples
6
Privileged Document Under Seal
After Sapphire Holdings produced an email during discovery, its counsel notified Steven Silva's team of a privilege claim. Silva's team promptly returned the document and presented it to the court under seal for a ruling on the claim.
Sealed Easement Instrument
Sophia Singh executed a short written instrument under seal granting Spencer Silver a perpetual right of access across her land. The sealed instrument satisfied the formal requirements for creating an express easement.
Authenticated State Record
Sasha Stone sought to introduce a state court judgment in federal court. The clerk attested the record and affixed the state seal, allowing the judgment full faith and credit in the federal proceeding.
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Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Self-Authenticating Sealed Document
Samuel Soto offered a state agency report bearing an official seal purporting to be that of the agency. The seal rendered the document self-authenticating without extrinsic evidence.
Agent's Sealed Transaction
Sean Steele, acting under a power of attorney, executed and sealed an instrument transferring property on behalf of the principal. The sealed instrument accomplished the transaction's purpose.
Sealed Subpoena Issued
The clerk issued a blank subpoena signed and sealed to Sierra Solutions' counsel. Counsel filled in the blanks and served the sealed subpoena on the witness.
Common questions
Frequently Asked
4
What formalities does a sealed instrument satisfy for creating an express easement?+
A written instrument under seal satisfies the formal requirements for an express easement created by inter vivos conveyance, matching those required for a deed of like duration.
Does an unsealed deed extinguish an existing easement?+
No. Extinguishment by release requires a sealed written instrument executed by the easement holder. An unsealed conveyance by the servient owner alone does not release the easement.
What duty arises when a party receives notice of a privilege claim over a document produced under seal?+
The receiving party must promptly return, sequester, or destroy the information and any copies, refrain from use until the claim is resolved, and take reasonable steps to retrieve any previously disclosed copies.
How does a seal affect authentication of public records under federal evidence rules?+
A document bearing a seal purporting to be that of the United States, a state, or a political subdivision is self-authenticating and requires no extrinsic evidence of authenticity.
5 U.S. (1 Cranch) 137 (1803)Property
…that the Senate advised and consented to the appointments; that commissions in due form were signed by the President and the seal of the United States affixed by the Secretary of State; that the applicants had requested delivery of their commissions which request had not been complied with; and that their commissions…