1) information, usually in writing in all legal proceedings, of all documents filed,
decisions, requests, motions, petitions, and upcoming dates. Notice is a vital principle
of fairness and due process in legal procedure and must be given to both parties,
to all those affected by a lawsuit or legal proceeding, to the opposing attorney
and to the court. In short, neither a party nor the court can operate in secret,
make private overtures or conceal actions. Notice of a lawsuit or petition for a
court order begins with personal service on the defendants (delivery of notice to
the person) of the complaint or petition, together with a summons or order to appear
(or file an answer) in court. Thereafter, if a party is represented by an attorney,
notice can usually be given to the attorney by mail. If there is a so-called ex
parte hearing (an emergency session with a judge with only the requesting party
or his/her attorney present) the party wanting the hearing must make a diligent
attempt to give notice to the other party. A court may allow "constructive" notice
by publication in an approved legal newspaper of a summons in a lawsuit. Examples
in a divorce action, publication gives constructive notice to a spouse known to
have left the state or hiding to avoid service; in a quiet title action, notice
by publication is given to alert unknown descendants of a dead person who may have
had an interest in the real property which is the subject of a lawsuit. Recordation
of deeds, mortgages, deeds of trust, easements, leases and other documents affecting
real property title give "constructive" notice to the general public, and thus "constructive"
notice to anyone interested in the property, without delivering notice to individuals.
2) a writing informing a party to a contract, promissory note, lease, rental agreement
or other legal relationship of a delinquency in payment, default, intent to foreclose,
notice to pay rent or quit (leave) or other notice required by the agreement, mortgage,
deed of trust or statute. 3) information. 4) being informed of a fact, or should
have known based on the circumstances, as "he had notice that the roof was not water-tight.
"
See also constructive notice notice to quit Thirty-day notice three-day notice
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