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Notice is the legal concept describing a requirement that aparty be aware oflegal process affecting their rights, obligations or duties. There are several types of notice:public notice (or legal notice),actual notice,constructive notice.
Atcommon law, notice is the fundamental principle inservice of process. In this case, the service of process puts thedefendant "on notice" of theallegations contained within thecomplaint, or other suchpleading. Since notice is fundamental, a court may rule apleading defective if it does not put the defendant on notice.
In acivil case, personal jurisdiction over a defendant is obtained by service of asummons.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 substitute 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.
In theUnited States, 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 theDue Process Clauses in theFifth andFourteenth amendments. TheSixth Amendment also specifically guarantees the right of a criminal defendant to be notified of the charges and their grounds.
If a court basespersonal jurisdiction over an out-of-state or foreign defendant on along-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 adefault judgment against him, such measures must be sufficiently calculated to give actual notice to the defendant to satisfy due process.
InMullane v. Central Hanover Bank & Trust Co., the core case setting forth constitutional notice requirements, theU.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.
Manystatutes include that the accusedknowingly 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.