Miller Act

What miller act means

In short, miller act is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where miller act 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.

Read the source: Performance bond, Payment bond.

How to research the term

To research miller act, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

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

Related legal terms

• Meet and confer: a required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.
• Memorandum: a written statement or note. In motion practice, a memorandum of points and authorities (or memorandum of law) sets out the facts, the law and the argument supporting or opposing a motion. Courts also issue memorandum opinions, and parties may sign a memorandum of understanding.
• Mens rea: latin for "guilty mind." The mental state the prosecution must prove for a crime, along with the criminal act.
• Merger: has several meanings.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.