Comments on: Numbering or Lettering Schedules and Exhibits: A Proposal http://www.adamsdrafting.com/2009/01/21/numbering-lettering-schedules-exhibits/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: Ken Adams http://www.adamsdrafting.com/2009/01/21/numbering-lettering-schedules-exhibits/comment-page-1/#comment-86206 Ken Adams Thu, 09 Apr 2009 11:03:19 +0000 http://www.adamsdrafting.com/2009/01/21/numbering-lettering-schedules-exhibits/#comment-86206 Jonas: The proposed distinction you were offered is untenable, as it's standard for transactional lawyers to use the word <em>exhibit</em> for documents attached to contracts. Here's the definition of <em>exhibit</em> provided by the rather more authoritative Black's Law Dictionary: "A document attached to and made part of a pleading, motion, contract, or other instrument." Ken Jonas: The proposed distinction you were offered is untenable, as it’s standard for transactional lawyers to use the word exhibit for documents attached to contracts. Here’s the definition of exhibit provided by the rather more authoritative Black’s Law Dictionary: “A document attached to and made part of a pleading, motion, contract, or other instrument.” Ken

]]> By: Jonas M. Grant http://www.adamsdrafting.com/2009/01/21/numbering-lettering-schedules-exhibits/comment-page-1/#comment-86189 Jonas M. Grant Thu, 09 Apr 2009 02:58:16 +0000 http://www.adamsdrafting.com/2009/01/21/numbering-lettering-schedules-exhibits/#comment-86189 It was suggested to me by another attorney that "exhibit" properly refers to only litigation documents, such as complaints and motions, while "attachment" is the more proper term for anything attached to a transactional document (as in Attachment A, B, C, instead of Exhibit 1, 2, 3. The definition of exhibit in legal dictionaries seems to provide some support for this contention. See, e.g., "n. 1) a document or object (including a photograph) introduced as evidence during a trial. These are subject to objections by opposing attorneys just like any evidence. 2) a copy of a paper attached to a pleading (any legal paper filed in a lawsuit), declaration, affidavit or other document, which is referred to and incorporated into the main document." - http://dictionary.law.com/default2.asp?typed=exhibit&type=1 Any thoughts on this? It was suggested to me by another attorney that “exhibit” properly refers to only litigation documents, such as complaints and motions, while “attachment” is the more proper term for anything attached to a transactional document (as in Attachment A, B, C, instead of Exhibit 1, 2, 3. The definition of exhibit in legal dictionaries seems to provide some support for this contention. See, e.g., “n. 1) a document or object (including a photograph) introduced as evidence during a trial. These are subject to objections by opposing attorneys just like any evidence. 2) a copy of a paper attached to a pleading (any legal paper filed in a lawsuit), declaration, affidavit or other document, which is referred to and incorporated into the main document.” – http://dictionary.law.com/default2.asp?typed=exhibit&type=1 Any thoughts on this?

]]> By: Martin http://www.adamsdrafting.com/2009/01/21/numbering-lettering-schedules-exhibits/comment-page-1/#comment-79137 Martin Wed, 21 Jan 2009 22:15:22 +0000 http://www.adamsdrafting.com/2009/01/21/numbering-lettering-schedules-exhibits/#comment-79137 I prefer straight numbering (1,2, 3 ...) and the inclusion of a column in the list of schedules that specifies all the sections in the contract that reference each schedule. The reason is that I have see several examples of schedules being referenced by multiple sections and also examples where the first section to reference a section does not contain the "primary" reference or where it has not be desirable to indicate such primacy. I prefer straight numbering (1,2, 3 …) and the inclusion of a column in the list of schedules that specifies all the sections in the contract that reference each schedule.

The reason is that I have see several examples of schedules being referenced by multiple sections and also examples where the first section to reference a section does not contain the “primary” reference or where it has not be desirable to indicate such primacy.

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