Holder

What holder means

In practice, you will see holder in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where holder comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses holder in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Person entitled to enforce: under UCC § 3-301, the holder of an instrument, a nonholder in possession with the rights of a holder, or a person entitled to enforce a lost or similar instrument.
• Hearing: a proceeding before a judge to consider a motion or other matter.
• Hearsay: under Federal Rule of Evidence 801(c), a statement the declarant does not make while testifying at the current trial or hearing, offered to prove the truth of the matter asserted. Many exceptions and exclusions exist.
• Holder in due course: a holder who took a negotiable instrument for value, in good faith and without notice of listed problems, and so takes free of many defenses.
• Impleader: bringing a third party into a lawsuit because that party may be liable for some or all of the claim. Also called a third-party complaint.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.