Notice is the legal concept describing a requirement that a

party A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often featur ...

be aware of

legal process Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, mandate, and warrant. Process normally takes effect by s ...

affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice),

actual notice Actual notice is a law term, used most frequently in civil procedure. It is notice (usually to a defendant in a civil proceeding) delivered in such a way as to give legally sufficient assurance that actual knowledge of the matter has been conveyed ...

constructive notice Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would hav ...

Service of process

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the

allegation In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions.

s contained within the complaint, or other such

pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adju ...

. Since notice is fundamental, a court may rule a

defective if it does not put the defendant on notice. In a

civil case - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil acti ...

, personal jurisdiction over a defendant is obtained by service of a summons. Service can be accomplished by personal delivery of the summons or subpoena to the person or an authorized agent of the person. Service may also be made by substituted means; for example, in many jurisdictions, service of a summons can be made on a person of suitable age and discretion at the residence or place of business of the defendant. Jurisdiction over corporations can often be obtained through a government body authorized to receive such process.

Due process issues (United States)

In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

, the right to receive notice before the government deprives an individual of a protected interest is guaranteed, along with the opportunity to be heard, by the Due Process Clauses in the Fifth and Fourteenth amendments. The Sixth Amendment also specifically guarantees the right of a criminal defendant to be notified of the charges and their grounds. If a court bases

personal jurisdiction Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...

over an out-of-state or foreign defendant on a long-arm statute, the court must carefully select a means of notifying the defendant, to comply with the notice requirement of due process. Sometimes this is done by serving agents of the defendant located within the state. Because out-of-state defendants cannot always be located easily, some state or local laws may allow for service by publication. An example of this would be printing a notice of the lawsuit in a newspaper published where the defendant is believed to reside. Because the failure of a defendant to appear in court results in a

default judgment Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear ...

against him, such measures must be sufficiently calculated to give actual notice to the defendant to satisfy due process. In '' Mullane v. Central Hanover Bank & Trust Co.'', the core case setting forth constitutional notice requirements, the U.S. Supreme Court held that notice must be "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections". Moreover, defendants must be notified by the "best practical means" available.

Notice and knowledge

Many statutes include that the accused ''knowingly'' have acted in violation. When a party is "put on notice" that they are in violation, continued action in violation may be sufficient to evidence knowledge.

Types of notices

Actual notice Actual notice is a law term, used most frequently in civil procedure. It is notice (usually to a defendant in a civil proceeding) delivered in such a way as to give legally sufficient assurance that actual knowledge of the matter has been conveyed ...

Constructive notice Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would hav ...

* Funding Opportunity Announcement *

Judicial notice Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the ...

* Notice of Proposed Rulemaking (administrative law) * Previous notice (parliamentary procedure) * Public notice *

Resign Resignation is the formal act of leaving or quitting one's office or position. A resignation can occur when a person holding a position gained by election or appointment steps down, but leaving a position upon the expiration of a term, or choos ...

Service of process

Due process issues (United States)

Notice and knowledge

Types of notices

References

Further reading