notice
Notice is the constitutional requirement that a party whose rights may be affected by a court proceeding must be informed of the action. Under the Due Process Clauses of the U.S. Constitution, a court may not adjudicate a matter that could adversely affect a party’s interests unless that party has received proper notice. Notice must be reasonably calculated, under the circumstances, to inform interested parties that a lawsuit is pending and may affect their rights.
The form of notice depends on the type of jurisdiction. For in personam jurisdiction, personal service of process is usually required. For in rem actions, which affect interests in property, plaintiffs must notify all known parties by reasonably reliable means and may then give notice by publication (such as publishing in a newspaper) if necessary to reach unknown parties. Courts may tailor notice requirements in unusual circumstances where traditional methods are inadequate.
Notice is not a technicality. In Jones v. Flowers, 547 U.S. 220 (2006), the Supreme Court held that Arkansas violated due process when it seized and sold a home for unpaid taxes after a certified mail notice was returned unclaimed and the state made no further effort to notify the owner. The Court emphasized that notice must be of the kind that “one desirous of actually informing the absentee might reasonably adopt.”
Because of its constitutional importance, courts do not excuse defective notice even if a party happens to learn of the action through other means.
[Last reviewed in August of 2025 by the Wex Definitions Team]
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