Also known as: submodo · conditionally · subject to condition
Written by attorneys · grounded in primary & secondary sources — see below
A qualification or limitation that subjects a right, duty, or instrument to specified conditions. The limitation prevents the right or duty from taking full effect until the stated condition occurs or is satisfied.
Stella Shapiro published an internal memo accusing Sean Steele of misconduct at Skyline Construction. Sean raised the issue of privilege at trial. The court treated Stella's privilege as operating sub modo, requiring her to prove the publication met the stated conditions before full protection attached.
Congress passed a tariff statute that took effect only upon presidential certification of certain trade conditions. Field challenged the statute's validity. The court treated the enactment as operating sub modo pending fulfillment of the stated condition.
Select any source to read its text and confirm it supports the definition.
A state law extended mortgage foreclosure deadlines only while economic emergency conditions persisted. Home Building & Loan sought to enforce its mortgage immediately. The extension operated sub modo and ended once the emergency abated.
Plaintiffs sought certification of a nationwide class of smokers in Castano. The district court certified the class sub modo pending later determination whether individual issues predominated. The Fifth Circuit reviewed the conditional nature of the order.
An executive order regulating petroleum shipments took effect only upon the occurrence of a stated contingency. Panama Refining challenged the order. The Court examined whether the conditional delegation of authority was valid.
The trial court suppressed Jackson's confession but ruled sub modo that the statement could be used for impeachment if Jackson testified. The Supreme Court later addressed the conditional character of the ruling.
A written promise delivered sub modo takes effect only upon occurrence of the stated condition. The promisor retains no power of revocation once the document reaches the promisee, yet the promise remains inoperative until the condition is met.
Acceptance on the reasonable assumption that a nonconformity will be cured preserves the buyer's remedies for breach. The assumption must be reasonable at the time of acceptance. Prolonged use after the promised cure fails may undermine that assumption.
Evidence whose relevance depends on a preliminary fact may be admitted sub modo if the proponent offers enough proof for a reasonable jury to find the connecting fact. Failure to supply the link later permits striking the evidence or a limiting instruction.
Once the issue is properly raised, the defendant bears the burden of proving the publication was absolutely or conditionally privileged. The plaintiff need not negate privilege in the first instance.
…as “K. C.” and discussed their impending cocaine transaction. The United States District Court for the Southern District of Ohio conditionally admitted the recorded conversation into evidence under the hearsay exception for statements of co-conspirators, Federal Rule of Evidence 801(d)(2)(E), and petitioner was convicted. The…