Also known as: written notices · notice in writing
Written by attorneys · grounded in primary & secondary sources — see below
A formal communication delivered in writing to inform a recipient of an impending legal action or to satisfy a procedural prerequisite. The communication must reach the intended party through a method reasonably calculated to provide actual notice and must contain the details required by the governing rule or agreement.
Select any source to read its text and confirm it supports the definition.
Winterhaven Logistics sues a supplier for breach of contract. Its counsel wants to depose the supplier's warehouse manager. Counsel mails a document stating the deposition date, time, and location to the supplier's attorney. The supplier objects that the notice arrived only three days before the scheduled date. The court finds the notice reasonable under the rule because it supplied the required details and reached opposing counsel in time to prepare.
Wade Watson is charged with assault. His attorney files a document with the court and prosecutor ten days after the not-guilty plea stating that Watson will rely on a mental-disease defense. The prosecutor moves to bar the defense because the filing came after the ten-day window. The court denies the motion after finding good cause for the short delay and permits the defense to proceed.
Walker Valley Produce defaults on its mortgage held by Westmont Healthcare. Westmont sends a letter to Walker Valley stating that the entire unpaid balance is accelerated and due immediately. Walker Valley tenders only the past-due installments and claims the acceleration is ineffective. The court holds the acceleration effective on the date stated in the letter because the mortgagee delivered written notice after default as required.
Wren Wright receives Social Security disability benefits. The agency mails a letter explaining that her benefits will end in thirty days and inviting her to submit written evidence why they should continue. Wright responds in writing but receives no hearing until after termination. The court upholds the procedure because the written notice plus post-termination hearing with retroactive benefits satisfies due process.
Whitney White is on trial for theft. The prosecutor plans to impeach her with a twelve-year-old conviction. Two weeks before trial the prosecutor sends defense counsel a letter identifying the conviction and stating the intent to offer it. Defense counsel objects that the notice arrived too late. The court admits the conviction after finding the written notice gave counsel a fair opportunity to contest its use.
Woodridge Manufacturing falls behind on its home-equity loan. The lender sends a separate letter to each obligor stating the nature of the default, the amount past due, and the right to cure within thirty days. Thirty-five days later the lender begins foreclosure. The borrower claims the notice was defective. The court dismisses the foreclosure action because the lender failed to wait the required thirty days after sending the written notice.
The notice must state the time and place of the deposition and, if known, the deponent's name and address. If the name is unknown, a general description identifying the person or class suffices. The notice must be reasonable and reach every other party.
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The defendant must file the notice at the time of the not-guilty plea or within ten days thereafter, unless the court permits a later filing for good cause. Failure to file timely bars admission of evidence supporting the defense.
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An acceleration becomes effective on the date specified in the mortgagee's written notice delivered after default. The mortgagor may cure before that date but must pay the full accelerated amount once the notice takes effect.
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No. Written notice and an opportunity to respond in writing before termination, followed by a post-termination evidentiary hearing with retroactive benefits if the claimant prevails, satisfy due process under the balancing test.
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The proponent must give reasonable written notice so the adverse party has a fair opportunity to contest use of the conviction. The rule applies when more than ten years have passed since the conviction or release.
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The lender may not initiate foreclosure until thirty days after sending the written notice of default and right to cure to each obligor. The notice must separately state the nature of the default and amounts owed.
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