Notice

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Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice, and implied notice... Read more on WIkipedia





Legal notification required by law or agreement, or imparted by operation of law as a result of some fact (such as the recording of an instrument); definite legal cognizance, actual or constructive, of an existing right or title <under the lease, the tenant must give the landlord written notice 30 days before vacating the premises>. • A person has notice of a fact or condition if that person (1) has actual knowledge of it; (2) has received information about it; (3) has reason to know about it; (4) knows about a related fact; or (5) is considered as having been able to ascertain it by checking an official filing or recording... Read more in Black's Law Dictionary 8th Ed, 2004





The Due Process clauses of the United States Constitution prohibit courts from hearing a case that could adversely affect a party's interest unless that party has been given proper notice. To satisfy this notice requirement, notice must be reasonably calculated, under the circumstances, to inform all interested parties that a lawsuit is pending and that it could adverse affect their interests.

The degree of required notice varies depending on what type of jurisdiction a court intends to exercise. To exercise in personam jurisdiction, in-hand service of process is usually required. For in rem actions, which can affect the interests of anyone in the world, the plaintiff usually must inform all known parties of interest by a reasonably reliable means, and may then inform the rest of the world by "notice by publication" - purchasing a notice in a local newspaper multiple times over a period of several weeks. In tricky cases, courts work with plaintiffs to identify the best way of meeting notice requirements. Read more on Cornell LII

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