Also known as: statements · declaration · affidavit
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A person's oral assertion, written assertion, or nonverbal conduct intended as an assertion. The definition focuses on whether the speaker or actor meant to convey a factual claim that can be true or false.
A formal written presentation of facts or grounds required in pleadings, motions, or removal notices. The presentation must be signed by counsel or an unrepresented party and must include contact information.
A communication or declaration by a lawyer or judge that is subject to restrictions against false, misleading, or prejudicial statements. Such statements include fee agreements, public comments on pending matters, and representations about services.
Each sense below has its own examples, sources, and questions.
A person's oral assertion, written assertion, or nonverbal conduct intended as an assertion. The definition focuses on whether the speaker or actor meant to convey a factual claim that can be true or false.
Samantha Stone sued Sterling Dynamics for product defects. During settlement talks Stone's counsel offered to accept $75,000. At trial Sterling sought to introduce the offer to show the claim lacked merit. The court excluded the statement under the compromise rule.
A statement made during compromise negotiations is inadmissible to prove or disprove the validity or amount of a disputed claim. The rule applies unless the statement is offered in a criminal case involving a public office's regulatory authority or for another permitted purpose such as proving bias.
A formal written presentation of facts or grounds required in pleadings, motions, or removal notices. The presentation must be signed by counsel or an unrepresented party and must include contact information.
Steven Silva filed a complaint in federal court alleging breach of contract against Southland Foods. The document contained no signature, address, or contact information. The court struck the pleading after the omission was noted and Silva failed to correct it promptly.
Serena Soto, defendant in a state contract action brought by Seth Shapiro, filed a notice of removal in federal court. The notice contained a short and plain statement of diversity jurisdiction and attached all served process and pleadings. The district court accepted the filing as properly signed under Rule 11.
Southland Foods' owner executed a written declaration stating that certain equipment was now held as trustee for the benefit of his children. The declaration identified the property with particularity and satisfied the statutory method for creating a trust without a transfer to another person.
The statement must be signed by at least one attorney of record or by an unrepresented party. It must also include the signer's address, email address, and telephone number. An unsigned paper is subject to being struck unless promptly corrected.
The notice must contain a short and plain statement of the grounds for removal. It must be signed pursuant to Rule 11 and include copies of all process, pleadings, and orders served on the defendant.
A trust may be created by a declaration by the owner of property that the owner holds identifiable property as trustee. The declaration must satisfy the statutory requirements for trust formation without a transfer to another person.
A communication or declaration by a lawyer or judge that is subject to restrictions against false, misleading, or prejudicial statements. Such statements include fee agreements, public comments on pending matters, and representations about services.
Judge Stephen Shaw issued a press release criticizing a pending criminal case involving Sapphire Holdings. The statement suggested the company's executives were likely guilty. The judicial conduct commission found the comment created a reasonable risk of affecting the trial's fairness.
Spencer Silver retained Starlight Media's counsel on a contingency basis for a defamation suit. The written agreement stated the percentage fee, how expenses would be deducted, and the client's responsibility for costs if no recovery occurred. The lawyer later provided the required closing statement after settlement.
A judge may not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a pending or impending matter. Nonpublic statements that would substantially interfere with a fair trial are also prohibited.
The agreement must be in writing and signed by the client. It must state the method for determining the fee, the percentage that accrues on settlement or judgment, how litigation expenses are deducted, and whether the client remains liable for expenses if no recovery occurs.
…In Hawkins v. Barney's Lessee , 5 Pet. 457, 464, it was stated that § 34 "has been uniformly held to be no more than a declaration of what the law would have been without it: to wit, that the lex loci must be the governing rule of private right, under whatever jurisdiction private right comes to be examined." See also…
…upon any solid basis . . . . But a conclusive answer is, that such an attempt may be interdicted (as it has been) by a positive declaration in such a bill of rights that the enumeration of certain rights shall not be construed to deny or disparage others retained by the people." II Story, Commentaries on the Constitution of the…
…him.[^maj-14] And in two places the Constitution provides for trial by jury,[^maj-15] but nowhere in that document is there any statement that conviction of crime requires proof of guilt beyond a reasonable doubt. The Constitution thus goes into some detail to spell out what kind of trial a defendant charged with crime should…
…tape contained conversations relevant to the offenses charged. For many tapes the Special Prosecutor offered sworn testimony or statements
…of parallel conduct and not on any independent allegation of actual agreement among the ILECs. Although in form a few stray statements