On both the state and federal level, law is complicated – even for lawyers. If you are a pro se litigant, there are basic legal terms which will help you navigate the court system by knowing the lingo. Following are legal terms associated with civil litigation:
Answer: A court document, or pleading, in a civil case, by which the defendant responds to the plaintiff’s complaint.
Arbitration: Submitting a case or dispute to designated parties for a decision, instead of using a judge.
Case: A lawsuit or action in a court.
Case Conference: A meeting scheduled by the court to review the case.
Case File: The court file containing papers submitted in a case.
Civil Action: A lawsuit other than a criminal case usually filed in a Judicial District courthouse. Includes family actions (divorces, child support, etc) and small claims cases, although these are both separately designated.
Claim: In civil cases, the statement of relief desired.
Continuance: The adjournment or postponement of a court case to another day.
Continuance Date: Date on which the case will next be heard in court.
Complaint: A legal document that tells the court what you want, and is served with a summons on the defendant to begin the case.
Complex Litigation: A specialized docket designed for complex civil cases, where one judge hears the case from beginning to end. Criteria includes: multiple parties, large amounts of money, lengthy trial or complex legal issues.
Default: To fail to respond or answer to the plaintiff’s claims by filing the required court document; usually an Appearance or an Answer.
Defendant: In civil cases, the person who is given court papers, also called a respondent. In criminal cases, the person who is arrested and charged with a crime.
Deposition: Testimony of a witness taken, under oath, in response to another party’s questions. Testimony given outside the courtroom, usually in a lawyer’s office. A word for word account (transcript) is made of the testimony.
Discovery: A formal request by one party in a lawsuit to disclose information or facts known by other parties or witnesses.
Evidence: Testimony, documents or objects presented at a trial to prove a fact.
Ex Parte: Done for, or at the request of, one side in a case only, without prior notice to the other side.
Interrogatory: Formal, written questions used to get information from another party in a lawsuit.
Jurisdiction: Power and authority of a court to hear and make a judgment in a case.
Modification: Request to change a prior order. Usually requires showing a change in circumstances since the date of the prior order.
Motion: Usually written request to the court in a case. Filed with the clerk’s office.
Movant: The person who filed the motion, or request, to the court.
Moving Party: The person making the request to the court in a case.
Parties: The people or legal entities that are named as plaintiff(s) and defendant(s) on legal papers.
Party: A person or legal entity that is named as a plaintiff or defendant on legal papers.
Petitioner: Another word for plaintiff, the person starting the lawsuit.
Plaintiff: The person who sues or starts a civil case, also called the petitioner or the complainant.
Pleadings: The court documents filed with the court by the parties in a civil or criminal case. For example: motion to dismiss; motion for modification.
Pretrial: In a civil case, a conference with a judge or trial referee to discuss discovery and settlement. In a criminal case, a conference with the prosecutor, defense attorney and judge to discuss the case status and what will happen next.
Pretrial Hearing: Conference with attorneys to determine scope of possible trial with view toward resolving issues through agreement.
Pro Se: A Latin phrase meaning for “yourself”–representing yourself in any kind of case.
Statute: A law enacted by a legislative body.
Statute of Limitations: A certain time allowed by law for starting a case. For example, six years in a contract case.
Stay: Temporarily stopping a judicial proceeding.
Stipulation: Also called a “stip.” A written agreement by the parties or their attorneys.
Subpoena: A command to appear in court to testify as a witness.
Subpoena Duces Tecum: A legal paper requiring someone to produce documents or records for a trial.
Summons: A legal paper that is used to start a civil case and get jurisdiction over a party.
Tort: A civil injury or wrong to someone else, or their property.
Vacate: To cancel or rescind a court order.
Venue: The court location.