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A B C D E F G I J L M P R S U V W Abstract of judgment -- An official copy of the contents of a civil judgment. Action -- Proceeding in a court by which one party prosecutes another for the enforcement or protection of a right, or the redress or prevention of a civil wrong. Adjudicate -- To pass on judicially, to decide, settle or decree. Admissible -- Pertinent and proper to be considered in reaching a decision. Refers to the evidence considered in determining the issues to be decided in any judicial proceeding. Adversary proceeding -- One having opposing parties; contested, as distinguished from a hearing in which only one party appears. Answer -- A pleading by which defendant in civil suit at law endeavors to resist the plaintiff's demand by stating facts. The defendant may deny the claims of the plaintiff, or agree to them, and may introduce new matter. Appeal -- Taking a case which has been decided in a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review. Appeal bond -- A type of bond set by the court and filed by the appellant who had a civil judgment entered against him to forestall issuance of execution until the cause can be passed upon and disposed of by the superior court. Appellant -- The party who takes an appeal from one court to another. Bill of particulars -- A written statement or specification of the details of the demand for which an action at law is brought. The Bill of Particulars must set forth in brief paragraphs why the plaintiff(s) thinks the defendant(s) owes the money or property, giving a detailed breakdown of the basis for each sum or article of property claimed. The plaintiff will be generally limited to evidence outlined in the Bill of Particulars. If the Bill of Particulars is not filed on time, the court can dismiss the case on motion of the defendant(s) at the beginning of trial. FILED: by the due date set by the Judge, you must have mailed a copy of the paper to the other side, or its attorney if there is one, and a copy must be in the Clerk's office by the due date. Civil action -- A case brought for determination enforcement or protection of a right, or redress; or prevention of a wrong; every action other than a criminal action. Contempt of court -- Any act which is calculated to embarrass, hinder, or obstruct the court in administration of justice, or which is calculated to lessen its authority or its dignity. Counterclaim -- A claim presented by a defendant in opposition to deduction from the claim of the plaintiff whether or not it arises from the matters in question in plaintiff's action. Court order -- A command or mandatory direction of a judge which is made during a case. Also includes a command of the judge which establishes courtroom or administrative procedures. Cross-claim -- An expansion of the original action in which a claim is brought by a defendant against a third party not originally sued by the plaintiff in the same action or against a co-defendant or both concerning matters in question in the original action. Defendant -- The party against whom relief or recovery is sought in a court action or suit. Sometimes used to designate the accused in criminal or traffic cases. Default -- An omission of that which ought to be done. Failure to act. Also, failure of the defendant in a civil case to appear and contest the claim. Detinue -- A form of action which exists for the recovery of personal property (or their alternative value) from one who acquired possession together with damages for the detention. Discovery -- Procedures by which one party to a lawsuit may obtain information relevant to the case which is held or known by the other party. Dismissal -- An order disposing of an action, suit, etc., without trial. Distress -- The creation of a lien on or seizure of personal property belonging to a tenant to ensure collection of rent. Disposition -- Determination of the final arrangement or settlement of a case following judgment. Docket -- A record of all cases and actions scheduled to be heard in court, whether or not the matter is actually heard in a court on a particular day. Evidence -- All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Execute -- To enforce a civil judgment by seizure and either transfer or liquidation of the judgment debtor's assets through post-trial judicial process. Ex parte -- A judicial proceeding, order, injunction, etc., is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only, and without notice to, any person adversely interested. Execution of judgment -- The process of putting into effect the judgment of the court in civil cases; usually by garnishment or levy, through post-trial, statutory enforcement procedures requiring the forcible removal and disposal of the property of the losing party. Forthcoming bond -- A bond conditioned that a certain article of personal property shall be forthcoming at a certain time or when called for. Garnishee -- One garnished; a person against whom process of garnishment is issued; one who has money or property in his possession belonging to a judgment debtor, or who owes the judgment debtor a debt, which money, property, or debt is attached in his hands, with notice to him not to deliver or pay over to the judgment debtor the amount claimed in the garnishment summons until the judgment in the suit is entered. Garnishment -- A statutory post-judgment proceeding in which a third party who holds property, money or credits belonging to the judgment debtor is required to surrender such property, money or credits (to the extent of the judgment) to the court or sheriff for application against the judgment awarded against the judgment debtor. Grounds of Defense -- The Grounds of Defense must set forth in brief paragraphs why the defendant(s) thinks the money or property sued for is not owed. It should be detailed answer to the Bill of Particulars. The defendants will be generally limited to defending on the grounds outlined in the Grounds of Defense. If the Grounds of Defense is not filed on time, the court may on motion of the plaintiff(s) at the beginning of trial, refuse to allow the Defendant to present any evidence on why the money or property is not owed or enter judgment against the Defendant without hearing any evidence. FILED: by the due date set by the Judge, you must have mailed a copy of the paper to the other side, or its attorney if there is one, and a copy must be in the Clerk's office by the due date. Interrogatories -- A set of series of written questions drawn up for the purpose of being asked of a party, a garnishee, or a witness or other party to be answered under oath. Judgment creditor -- The person who wins an award against some other person in a civil suit. Judgment debtor -- The person against whom an award is made in a civil suit. Jurisdiction -- The authority of a court or other governmental agency to adjudicate controversies brought before it. Lack of jurisdiction -- The phrase may mean lack of power to act in a particular manner or to give certain kinds of relief. It may consist of a court's total lack of power to act at all, or lack of power to act in particular cases because the parties have not complied with conditions essential to the exercise of jurisdiction. Levy -- A seizure; the setting aside of specific property from the general property of the debtor and placing it under the control of the sheriff until it can be sold and applied to the payment of the execution. Lien -- A charge or security or encumbrance upon property. Litigant -- A party to a lawsuit; one engaged in litigation. Motion -- A request made to the judge by a litigant or other person connected with the case for a ruling or order. Motion for judgment -- A pleading filed by a plaintiff to start a civil case which sets forth the basis of plaintiff's claim and requests judgment in plaintiff's favor. Mechanic's lien -- A claim created by law for the purpose of securing priority of payment of the price or value of work performed and materials furnished in building or repairing a structure or personal property. Plaintiff -- A person who brings an action; the party who complains or sues in a personal action and is so named on the record. Pleadings -- The formal allegations by the parties of their respective claims and defenses, for the judgment of the court. Return -- The act of a sheriff, constable, or other ministerial officer, in delivering back to the court a writ, notice, or other paper, which he was required to serve or execute (see EXECUTE in this Glossary), with a brief account of his doings under the mandate, the time and mode of service or execution, or his failure to accomplish it, as the case may be. Also the endorsement made by the officer upon the writ or other paper, stating what he has done under it, the time and mode of service, etc. Satisfaction -- The discharge of an obligation by paying a party what is due to him or what is awarded to him, by the judgment of a court or otherwise. Service of process - personal -- Service of a summons or other process made by delivering it in person to the person named, in the process. Service of process - publication -- Service of a summons or other process upon an absent or nonresident defendant, by posting a notice on the courthouse door and, unless dispensed with by the judge, by publishing the same as an advertisement in a designated newspaper, with such other effort to give him actual notice as the particular statute may prescribe. Service of process - substitute -- Service of a summons or other process by any means authorized by statute other than by personal service. These include service by publication, posted service, service on alternative individual as authorized by statute. Subpoena -- A process to cause a witness to appear and give testimony, commanding him to appear before a court therein named at a time therein mentioned to testify for the party named under a penalty therein mentioned. Subpoena duces tecum -- A process by which the court, at the instances of a party to an action, commands a witness who has in his possession or control some document or paper that is pertinent to the issues of a pending controversy, to produce it at or before the trial. Suit in debt -- A civil action brought upon claim of non-payment of debt. Suit in detinue -- A type of civil case in which the plaintiff seeks to recover personal property from a defendant who acquired possession of the personal property lawfully, but allegedly retains it without right, with or without damages. Summons -- A document notifying defendant that an action has been instituted against him and that he is required to answer to it at a time and place named. Unlawful detainer -- The unjustified retention of the possession of lands by one whose original entry was lawful and of right, but whose right to possession has terminated and who refuses to vacate the premises. Venue -- "Venue" designates the particular county or city within which a court with jurisdiction may hear and determine the case. Witness -- One who testifies to what he has seen, heard or otherwise observed and who is not a party to the action. Writ -- An order in writing in the name of the state, issuing from a court, addressed to a sheriff or other officer of the law, or directly to the person whose action the court desires to command, either as the commencement of a suit or other proceeding or as incidental to its progress, and requiring the performance of a specified act, or giving authority and commission to have it done. Writ of possession -- This is the writ of execution employed to enforce a judgment to recover the possession of land in an unlawful detainer action or personal property in a detinue action. It commands the sheriff to enter the land or seize the personal property and give possession of it to the person entitled under the judgment.
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