withhold

Legal TerminologyLegal glossary term

Legal Definition

In a legal context, 'withhold' refers to the act of retaining or setting aside something, such as evidence, funds, or rights, for specific purposes within a legal proceeding or contractual agreement.

Plain-English Translation

Imagine you have a rule that says some things must be kept aside or held back. When someone 'withholds' something, it means they are choosing to keep a piece of information, money, or right under their control instead of letting it go.

Context in Contracts

It matters because 'withholding' is crucial in legal documents to establish procedural requirements, define scope of rights, or delineate specific obligations. It determines what parties retain or exclude from a dispute or agreement.

Visual model

Understand withhold fast

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01

Withholding evidence from a defendant in a criminal case.

02

Withholding a specific right under a contract to ensure a party retains an agreed-upon benefit.

Document context

How withhold shows up in legal documents

What is it?

The act of retaining or setting aside something, such as evidence, funds, or rights, for specific purposes within a legal proceeding or contractual agreement. In the context of litigation or contract law, it signifies the decision to keep an asset, claim, or piece of information under control rather than releasing it.

Why does it matter?

It matters because 'withholding' is crucial in legal documents to establish procedural requirements, define scope of rights, or delineate specific obligations. It determines what parties retain or exclude from a dispute or agreement.

When does it matter?

It usually appears when a party decides to keep certain assets, evidence, or claims under their control during a lawsuit, or when an obligation is specifically retained by one party in a contract.

Where is it usually seen?

It is usually seen in legal briefs, discovery documents, contractual clauses detailing retention of rights, and statutes defining the scope of what is kept or withheld.

Who is affected?

The parties involved in litigation, the plaintiff/defendant, or the contracting party who decides to retain a specific asset or claim.

How does it work?

It works by actively deciding to keep something—like evidence, funds, or rights—instead of letting it be used or released. In legal practice, this involves demonstrating that the retained item is relevant and necessary for the legal argument or contractual obligation.

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Wikipedia

Tax withholding

Tax withholding, also known as tax retention, pay-as-you-earn tax or tax deduction at source, is income tax paid to the government by the payer of the income rather than by the recipient of the income. The tax is thus withheld or deducted from the income due...

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Disclaimer: We do not provide legal advice. We translate legal language into plain English and help you prepare for a conversation with a lawyer.