Also known as: times certain · definite time · specified time
Written by attorneys · grounded in primary & secondary sources — see below
A definite, specific date and time.
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Tara Tran served a subpoena on Thunderbolt Motors directing its records custodian to appear at the downtown federal courthouse on March 15 at 9:00 a.m. to testify and produce maintenance logs. The document specified the exact date and hour for attendance and production. Thunderbolt complied without objection because the command identified a precise moment for performance.
Tracy Torres obtained a warrant to search a storage unit. The warrant directed officers to complete the search no later than fourteen days after issuance and to return it to the magistrate by that deadline. Officers executed the search on the tenth day after issuance at 10:00 a.m. The return was filed the same afternoon.
Tristan Thompson issued a promissory note to Twin Rivers Bank promising payment of $50,000 on December 1 at the bank's main branch. The note stated no other conditions or undertakings. Because the instrument named a fixed calendar date for payment, it qualified as payable at a definite time under the UCC.
Tyler Taylor filed a complaint against Threshold Capital alleging diversity jurisdiction. The complaint listed the corporation's principal place of business as of the date the action was commenced. The court examined the record to confirm that the citizenship facts existed at that precise moment.
Tessa Takahashi moved to dismiss for lack of personal jurisdiction after the defendant had already litigated the merits. The court held that the objection had to be raised by the deadline set in the scheduling order. Because the motion came after that deadline, the defense was forfeited.
Theodore Tucker received notice that his employment would end on a date certain unless he appeared at a hearing the following week. The notice set both the hearing date and the termination date. Tucker attended the hearing and presented evidence before the employment ended.
A time certain identifies both a calendar date and a clock hour for performance. A date certain identifies only the day without specifying the hour.
No. The rule requires the subpoena to command attendance and production at a specified time and place. Omitting the hour renders the command incomplete.
An instrument is payable at a definite time if it names a fixed date or dates or a time readily ascertainable when the instrument issues. An instrument payable on demand until a fixed date becomes payable at a definite time on that date if demand is not made earlier.
…the city proceed by eminent domain to acquire a protective interest in the landmark, but if the city does not do so within a specified time period, the Commission must issue a notice allowing the property owner to proceed with the alteration or improvement as originally proposed in his application for a certificate of…