Written by attorneys · grounded in primary & secondary sources — see below
A tangible record of words or information in visual form, whether handwritten, printed, typewritten, or stored electronically. The record must be capable of being read or understood to serve legal functions such as satisfying the statute of frauds, creating enforceable obligations, or enabling discovery. Legal rules frequently require a writing to provide evidence of intent, terms, or consent.
Sources & Authorities
How it applies
Common Examples
6
Deed Transfer Requires Writing
Wanda Williams conveys her lakeside cabin to Winston West by preparing and signing a deed that identifies both parties, describes the parcel by metes and bounds, and states words of conveyance. West accepts the deed at closing. The writing satisfies the formal requirements that allow title to pass and be recorded.
Copyright Protects Original Writings
Willowbrook Capital commissions a software manual from an author. The company registers the completed manual with the Copyright Office. The writing qualifies for federal protection because it constitutes an original work of authorship fixed in tangible form.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Wayne Walker sues Walker Valley Produce for breach of a supply contract. Walker serves a Rule 34 request asking the company to produce all writings, including emails and internal memos, that discuss delivery dates. The company must locate and produce the responsive documents in its possession or control.
Contingent Fee Agreement in Writing
Walter Washington hires Wesley Wong to pursue a personal-injury claim on a one-third contingent fee. Wong presents a written agreement that states the percentage, how expenses will be deducted, and that the client remains liable for costs even if no recovery occurs. Washington signs the document before Wong begins work.
Multiple Writings Read Together
Woodridge Manufacturing and Westmont Healthcare sign a purchase order and a separate quality-assurance addendum on the same day. When a dispute arises over inspection standards, the court treats both documents as a single writing and interprets them together to determine the parties' obligations.
Lease Evidenced by Writing
William Williams leases retail space to Willowbrook Capital for a five-year term at $8,000 monthly rent. The parties execute a signed writing that identifies the premises, states the duration, and sets the rent amount. The writing satisfies the statute of frauds and creates an enforceable leasehold.
Common questions
Frequently Asked
5
What elements must a writing contain to satisfy the statute of frauds for a lease?+
A writing must identify the parties, describe the premises, state the lease duration and rent, and be signed by the party to be charged. These requirements ensure the document supplies the essential terms without resort to oral testimony.
Does a contingent-fee agreement have to be in writing?+
Yes. The agreement must be signed by the client and must disclose the percentage fee, how expenses are handled, and whether the client remains liable for costs if no recovery occurs.
How does a court interpret multiple writings that form one transaction?+
All writings that are part of the same transaction are read together as a single integrated document. This approach gives effect to every provision and avoids treating any writing in isolation.
What role does a writing play in a valid deed?+
A writing is one of the essential formalities. It must identify the grantor and grantee, contain words of conveyance, describe the land, bear the grantor's signature, and be delivered with intent to pass title.
Can electronically stored information qualify as a writing in discovery?+
Yes. Rule 34 expressly includes writings, drawings, graphs, charts, photographs, sound recordings, images, and other data compilations stored in any medium from which information can be obtained.
5 U.S. (1 Cranch) 137 (1803)Property
…the clerks could prove the act is among the rolls. The court ordered the witnesses to be sworn and their answers to be taken in writing, informing them they might state objections to each particular question if any. Mr. Wagner testified he could not recollect whether he had seen any commission in the office constituting the…