Court Terms

A

• acquit: the act of freeing a person from the charge of an offense by means of a decision, verdict or other legal process; to discharge
• adjudicate: to hear or try and determine judicially
• adjournment: a temporary postponement of the proceedings of a case until a specified future time
• affiant: one who swears to an affidavit; deponent
• affidavit: a sworn or affirmed statement made in writing and signed; if sworn, it is notarized
• affirm: an act of declaring something to be true under the penalty of perjury by a person who conscientiously declines to take an oath for religious or other pertinent reasons
• allegation: the assertion, declaration, or statement of a party to an action, made in a pleading, setting out what the party expects to prove
• allege: To assert a fact in a pleading.
• amend: To change.
• annul: to make void, as to dissolve the bonds of marriage
• appeal: a proceeding to have a case examined by an appropriate higher court to see if a lower court’s decision was made correctly according to law
• appearance: the participation in the proceedings by a party summoned in an action, either in person or through an attorney
• argument: a reason given in proof or rebuttal
• attestation: the act of witnessing an instrument in writing at the request of the party making the same, and subscribing it as a witness
• attorney of record: attorney whose name appears in the permanent records or files of a case

B

• bail: the security given (or posted) to ensure the future appearance of a defendant
• bench: The Judge’s seat or the judge, himself/herself, (e.g., the attorney addressed the bench)

C

• calendar: a schedule of matters to be heard in court
• case file: the court file containing papers submitted in a case
• certified copy: Copy of a document signed and certified as a true copy of an original by the Clerk of the Court or other authorized persons (e.g., lawyer).
• certify: to testify in writing
• change of venue: the removal of a suit begun in one county or district to another county or district for trial, though the term may also apply to the removal of a suit from one court to another court of the same county or district
• charge to jury: in trial practice, an address delivered by the court to the jury at the close of the case instructing the jury as to what principles of law they are to apply in reaching a decision
• citation: 1) summons to appear; 2) reference to authorities in support of an argument
• commitment: an order to commit a person to the custody of a sheriff, commissioner of corrections, or mental health facility
• complaint: the initial pleading in an action formally setting forth the facts and reasons on which the demand for relief is based
• contempt of court: an act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority
• consolidate: A joining of two or more actions to be tried together.
• contested action: an action which involves disputed issue(s) of fact or law
• counsel: Lawyer or attorney. claims/commercial claims court.
• cross- examination: questioning by a party or his attorney of an adverse party or a witness called by an adverse party

D

• date-stamp: the stamping on a document of the date it is received
• decision: the determination reached by a court in any judicial proceeding, which is the basis of the judgment
• default: a “default” in an action of law occurs when a defendant omits to plead or otherwise defend within the time allowed, or fails to appear at the trial
• defendant: the party being sued or the party accused of committing the offense charged
• deliberation: the process by which a panel of jurors comes to a decision on a verdict
• deponent: One who testifies under oath to the truth of facts.
• deposition: sworn testimony of a witness
• direct examination: the first interrogation of a witness by the party on whose behalf the witness is called
• directed verdict: an instruction by the judge to the jury to return a specific verdict
• discovery (or disclosure): a proceeding whereby one party to an action may be informed as to facts known by other parties or witnesses
• dismissal: termination of a proceeding for a procedurally prescribed reason
• dismissal with prejudice: Action dismissed on the merits which prevents renewal of the same claim or cause of action.
• dismissal without prejudice: Action dismissed, not on the merits, which may be re-instituted.
• dispose: the act of terminating a judicial proceeding
• disposition: the result of a judicial proceeding by withdrawal, settlement, order, judgment or sentence
• docket: a document which summarizes a case

E

• evidence: a form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury).
• exhibit: a paper, document or other article produced and exhibited to a court during a trial or hearing and, on being accepted, is marked for identification or admitted in evidence
• ex parte: a proceeding, order, motion, application, request, submission etc., made by or granted for the benefit of one party only; done for, in behalf of, or on application of one party only
• expunge: the authorized act of physically destroying information, in files, computers or other depositories

F

• finding: the court’s or jury’s decision on issues of fact
• fine: a sum imposed as punishment for an offense
• foreperson: a member of a jury, usually the first juror called and sworn, or a juror elected by fellow jurors, who delivers the verdict to the court

G

H

• habeas corpus: “You have the body.” – the name given a variety of writs whose object is to bring a person before a court or judge – in most common usage, it is directed to the official or person detaining another, commanding him/her to produce the body of a person detained so the court may determine if such person has been denied his/her liberty without due process of law
• hearsay: a type of testimony given by a witness who relates not what he/she knows personally, but what others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible in court depending upon rules of evidence
• hung jury: a jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict

I

• impaneling: the process by which jurors are selected and sworn to their task
• incompetency: lack of legal qualification or fitness (physical, intellectual or moral fitness) to discharge a legally required duty or to handle one’s own affairs; also relates to matters not admissible in evidence
• interpleader: action by which one having possession of an article or fund claimed by two parties may compel them to litigate the title between themselves, instead of with him/her
• interpreter: a person sworn at a judicial proceeding to translate oral or written language

J

• judgment: A determination of the rights of the parties in an action or special proceeding. A judgment shall refer to and state the result of a verdict or decision, or recite the circumstances on which it is based
• jurisdiction: the geographical, subject matter, and monetary limitations of a court
• jury: a prescribed number of persons selected according to law and sworn to make findings of fact
• jury instructions: directions given by the judge to the jury

K

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L

• legal age: Eighteen (18) years of age. See CPLR Section 1206.
• liability: an obligation to do, to eventually do, or to refrain from doing something; money owed; or according to law one’s responsibility for his/her conduct; or one’s responsibility for causing an injury
• litigant: Party to a legal action

M

• material witness: person whose testimony on some issue has been judicially determined as relevant and substantial
• mistrial: a trial which has been terminated and declared void prior to the reaching of verdict due to extraordinary circumstance, serious prejudicial misconduct or hung jury – it does not result in a judgment for any party but merely indicates a failure of trial
• moot: (adj.) unsettled, undecided, not necessary to be decided
• motion: an oral or written request to the court made by a party for a ruling or order

N

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O

• oath: a swearing to the truth of a statement which, if made by one who knows it to be false, may subject one to a prosecution for perjury or other legal proceedings
• opening statement: the first address of counsel prior to offering of evidence
• oral proof: evidence given by word of mouth; the oral testimony of a witness
• order: an oral or written direction of a court or judge

P

• party: Person having a direct interest in a legal matter, transaction or proceeding
• perjury: the act of lying or stating falsely under oath
• petition: a formal written request to a court, which initiates a special proceeding
• petitioner: In a special proceeding, one who commences a formal written application, requesting some action or relief, addressed to a court for determination. Also known as a plaintiff in a civil action
• pleadings: complaint or petition, answer, and reply
• polling the jury: a practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict
• precedent: previously adjudged action or decision on same or similar point, serving as a rule or example for present guidance
• proceeding: the succession of events constituting the process by which judicial action is invoked and utilized pursuant to procedure
• preclude: To prevent or stop
• process: a legal means, such as a summons, used to subject a defendant in a lawsuit to the jurisdiction of the court; broadly, refers to all writs issued in the course of a legal proceeding
• pro se: for oneself; in one’s own behalf; in person; a pro se party is one who, without representation, acts as his/her own attorney

Q, R

• recuse: To disqualify oneself as a judge
• redact: to edit, revise
• remand: to send a case back from an appellate court to the lower court from which it came, for further proceedings
• respondent: One who formally answers the allegations stated in a petition which has been filed with the court. Also known as a defendant in a civil action

S

• sanction: a penalty or punishment provided as a means of enforcing obedience to a law, rule or code; also, an authorization
• seal: to close a case file from public scrutiny – in instances of youthful offenders and acquittal, sealing orders are issued by the court to prevent the public from obtaining information on the cases
• sequester: to separate, set apart, hold aside for safekeeping or awaiting some determination; jurors are sequestered when not permitted to return home until the case is closed
• show cause: an order, decree, execution, etc., to appear as directed, and present to the court such reasons and considerations as one has to offer why it should not be confirmed
• special term: a court part set aside to hear specific types of cases
• stipulation: an agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial – most stipulations must be in writing
• subpoena: Legal process which commands a witness to appear and testify.
• subsequent proceedings: Any proceeding or action taken with respect to a specific case after it has been filed with the court.
• summons: A form used to commence a civil action and acquire jurisdiction over a party
• surety: One who is legally liable for the debt, default, or failure to carry out a duty of another.

T

• testimony: an oral declaration made by a witness or party under oath
• transcript: the official record of proceedings in a trial or hearing
• trial: the formal examination of a legal controversy in court so as to determine the issue

U

V

• vacate: to set aside a previous action
• verdict: the determination of a jury on the facts
• voir dire: a questioning of prospective jurors by the attorneys, and, on application of any party, by the judge, to see if any of them should be disqualified or removed by challenge or examination

W

• waiver: an intentional and voluntary relinquishment of some known right
• warrant: a written order directing the arrest of a person issued by an authority – warrants are “issued,” “executed” or “canceled”
• with prejudice: the term, as applied to judgment of dismissal, is as conclusive of rights of parties as if action had been prosecuted to final adjudication adverse to the plaintiff
• without prejudice: a dismissal “without prejudice” allows a new suit to be brought on the same cause of action
• witness: one who testifies to what he/she has seen, heard, or otherwise observed
• writ: an order issuing from a court of justice and requiring the performance of a specified act, or giving authority and commission to have it done

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X, Y, Z