Glossary Of Civil Terms

Abstract of JudgmentA summary of the court's final decision. It’s often used by court-related agencies. In civil cases, it can create a claim on someone's property in the county.

AmendTo add or change something in a filed document.

Amended vs. AmendmentAn amended document replaces the old one. For example, if a complaint is changed, the new version takes its place, but the original stays in the record. An amendment changes or fixes only part of a document, like correcting a name.

AnswerA written reply from the defendant in a civil case, responding to charges.

ArbitrationWhen two sides let a neutral person, called an arbitrator, decide a case instead of going to court. This can save time and money, but it’s not always final. If someone disagrees, they can ask for a trial.

BankruptcyA legal process for people or businesses that can’t pay their debts. A bankruptcy stops debt collection until the court decides the case. If debts are cleared, creditors cannot collect them anymore.

Blocked AccountA special bank account for a minor’s money from a settlement or judgment. Withdrawals need court approval until the minor turns 18.

Certificate of AssignmentA document where someone swears that the case is filed in the right court.

Civil CaseA lawsuit where someone sues for property, to enforce a contract, or protect their rights.

Civil Case Cover SheetA form used to gather statistics about the case. It’s usually not filed unless the case is complex.

ComplaintA document from the plaintiff (the person suing), listing what the defendant did wrong and what the plaintiff wants as a solution.

Complaint in InterventionWhen a third party joins a case, either to help one side or to oppose both sides, with court approval.

CoordinationCombining similar cases in different courts for one trial.

CostsMoney that the winning side spent to actually win the case.

Cross-ComplaintWhen a defendant sues the plaintiff or another party during the same case.

DefaultFailing to respond or act in a lawsuit.

Default JudgmentA court decision made because someone didn’t respond or show up in court.

DefendantThe person being accused or sued.

Delay ReductionRules to speed up civil cases, like deadlines for filing papers or serving documents.

DemurrerA way for the defendant to say the lawsuit isn’t legally valid, even if the facts are true.

Dismiss or DismissalDropping a case. If dismissed “with prejudice,” it can’t be refiled. If “without prejudice,” it can be filed again.

DispositionThe court's final decision in a case.

DoeA placeholder name for a defendant until their identity is known.

Doe AmendmentA form to change a “Doe” to the actual name of a defendant.

Eminent DomainThe government’s right to take private property for public use.

General DenialA response from the defendant denying all claims in a civil case.

Guardian ad LitemAn adult chosen by the court to represent a child in a case.

HarassmentWhen someone seeks a court order to stop someone else from bothering or threatening them.

JoinderWhen multiple people or claims are added to one case.

JudgmentThe court’s final decision about who wins and the terms.

Judicial CouncilThe group that makes rules for California courts.

JurisdictionThe court’s power to hear and decide a case.

Law and MotionCourt proceedings before a trial to resolve legal questions.

Leave of CourtPermission from the court to do something, like file extra documents.

LevyTaking property to pay a debt.

Lis PendensA notice that a property is involved in a lawsuit.

MotionA request to the court to make a decision or order.

Motion for New TrialAsking the court for a new trial after a decision has been made.

Motion to StrikeAsking the court to remove parts of a document.

Motion for Summary JudgmentAsking the court to decide a case without a trial because the facts are clear.

Nolo ContendereA plea meaning "I don’t admit guilt, but I won’t fight the charges."

ORAPA court order for someone who owes money to appear and answer questions about their assets.

Personal ServiceDelivering court papers directly to the other side.

PetitionA formal request to the court for action.

PetitionerThe person who files a petition.

PlaintiffThe person who starts a lawsuit.

Points and AuthoritiesA written explanation with legal references to support a motion.

QuashTo cancel something, like a summons.

Renewal of JudgmentExtending a court decision that lets someone collect money for an extra 10 years.

RespondentThe person responding to a motion or petition.

Sister-State JudgmentA process to enforce a court decision from another state.

Statement of DamagesA document where the plaintiff lists the specific amounts of money they are asking for.

SubpoenaA legal paper requiring someone to appear in court.

Subpoena Duces TecumA subpoena that also requires specific documents to be brought to court.

Substituted ServiceDelivering court papers to someone other than the defendant and mailing a copy to the intended recipient.

SummonsA notice to a defendant that they’re being sued.

Trial de NovoA new trial, as if the first one didn’t happen.

VenueThe correct location for a trial.

WarrantA written order for law enforcement to take action.

WritAn official court order for someone to do something.

Writ of MandateAn order requiring someone to do their legal duty.

Writ of ExecutionAn order to enforce a court decision, like collecting money.

Writ of Habeas CorpusAn order to release someone who’s being held unlawfully.

Writ of ProhibitionAn order stopping a court or official from taking further action.