Legal Definitions - witnesseth

Witnesseth

Witnesseth is an archaic legal term, primarily found at the beginning of formal legal documents like contracts or deeds. It serves as an introductory word, essentially meaning "this document bears witness" or "this document formally declares." Its purpose is to signal that the following text constitutes a formal, legally binding agreement or declaration that is being officially recorded. While its use has become less common in modern legal drafting, it still appears in some traditional documents to emphasize their formality and solemnity.

Here are a few examples to illustrate its application:

• Real Estate Deed: Imagine a document transferring ownership of a house from one person to another. The deed might begin with, "THIS DEED WITNESSETH that [Seller's Name], for good and valuable consideration, does hereby grant, bargain, sell, and convey unto [Buyer's Name]..."

  In this context, "WITNESSETH" formally declares that the deed itself is the official record and proof of the property transfer. It signifies that the document is a legal instrument by which the transaction is formally observed and recorded, making the transfer legally valid and recognized.

• Partnership Agreement: When two individuals decide to form a business partnership, they might draft an agreement stating, "THIS PARTNERSHIP AGREEMENT WITNESSETH that [Partner A] and [Partner B] hereby agree to form a general partnership under the following terms and conditions..."

  Here, "WITNESSETH" introduces the formal declaration of the partnership's formation and its governing terms. It emphasizes that the document serves as the official, legally recognized record of their mutual agreement to establish and operate the business together, making the partnership's existence and rules formally acknowledged.

• Loan Agreement: Consider a formal contract between a lender and a borrower for a significant sum of money. The agreement might open with, "THIS LOAN AGREEMENT WITNESSETH that [Lender's Name] agrees to lend, and [Borrower's Name] agrees to borrow, the principal sum of [Amount] upon the terms and conditions hereinafter set forth..."

  In this scenario, "WITNESSETH" signals that the document is the formal and legally binding record of the loan transaction. It declares that the agreement itself stands as the official evidence of the financial arrangement, detailing all the obligations and rights of both the lender and the borrower.