Legal Definitions - had

In legal contexts, the term had is used to mean that a legal action, proceeding, or process has been commenced, begun, initiated, or conducted. It often appears in statutes or rules to specify conditions under which a particular legal step can or cannot take place.

Here are some examples illustrating its use:

• Example 1: Pre-requisite for a lawsuit

  A state law might stipulate: "No civil action for damages arising from a construction defect may be had until the claimant has provided the contractor with a written notice of claim and an opportunity to cure the defect."

  Explanation: This means that a lawsuit (a "civil action") cannot be initiated or commenced in court until the specific conditions—providing written notice and allowing the contractor to fix the problem—have been met. The legal process of suing cannot begin without these preliminary steps.

• Example 2: Timing of a public hearing

  A municipal ordinance might state: "No public hearing regarding a proposed variance from zoning regulations may be had unless notice of the hearing has been published in a local newspaper at least 10 days prior to the scheduled date."

  Explanation: In this context, the public hearing cannot be conducted or held by the municipality unless the requirement of a 10-day prior public notice has been fulfilled. The legal proceeding of the hearing is contingent on this notice.

• Example 3: Deadline for an appeal

  A court rule might specify: "An appeal of a final judgment may not be had more than 30 days after the entry of the judgment in the trial court."

  Explanation: This means that the process of filing and pursuing an appeal cannot be initiated or begun once the 30-day deadline following the trial court's judgment has passed. The opportunity to start the appeal process expires after that period.