Someone recieving notice (being informed of a case that could affect their interst - see: Notice) in fact, as opposed to Constructive Notice (where although that person did not recieve notice in fact, the law will considere them to have recieved notice).
Note that constructive notice trumps actual notice. For example: Someone who is served improperly, but actually recieves the papers may dismiss the case for lack of notice; while someone who is properly served (recieves constructive notice), but because of a fluke does not in reality recieve the papers will not be able to dismiss the case for lack of service.
Definition from Nolo’s Plain-English Law Dictionary
Actual awareness or direct notification of a specific fact or proceeding. Actual notice occurs when an individual is directly told about something -- for example, when a tenant notifies the landlord that a window is broken, the landlord has actual notice of the broken window. "Personal service" of court documents is another common method of delivering actual notice. Also called "express notice." Compare: constructive notice
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm