NOTICE: This glossary of legal words and phrases is provided to help you better understand the legal terminology used in the court system. THIS GLOSSARY IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.
THIS WEBSITE CANNOT GIVE YOU LEGAL ADVICE. YOU SHOULD NEVER RELY ON THESE VERY BASIC DEFINITIONS TO MAKE LEGAL DECISIONS. Please use this glossary to get a general understanding of your legal circumstance and have a better interaction with your attorney.
Writ—An order from a court directing someone to do or not do a specific legal action. The best known writ is the writ of habeas corpus, which is a legal challenge to someone being in government custody. The Clerk of Court would issue a writ at a judge’s direction.
Subpoena—An order from a court requiring someone to appear in court at a specific date and time to give testimony, bring documents or other physical things, or both. The Clerk of Courts issues subpoenas for civil and criminal trials and other court hearings. Failing to obey a subpoena can be considered contempt of court and the violator may be punished.
Praecipe—A written request to the Clerk of Court asking that a certain action be taken. A praecipe is usually used for the issuance of a subpoena, issuance of a writ, or an order to sell property at a sheriff’s sale.
Judgment—A final order of a court at the end of a case. In a civil case, a judgment could require that one party pay a sum of money to another party. A judgment can also dismiss a party’s claims if they have not proven their legal right to recover. In a criminal case, a judgment could be that a person is guilty of a crime and receives a criminal sentence.
Certified Judgment—A judgment in another court that is transferred to and officially recognized by a different court. Ohio courts are required to recognize and give full legal authority to other courts’ decisions and judgments. A certified judgment can also come from a state agency, such as the Ohio Department of Taxation.
Certified Judgment can also mean a formal copy of a court judgment that has been stamped with the official seal of the Clerk of Courts. A certified document is given greater authority as genuine and can be trusted as official when used in other situations.
Motion—A formal request to a court by a party in a case asking that the court take a certain action or make a particular decision. Motions can be in writing filed with the Clerk of Courts, or can be made orally during a trial or hearing before the court.
Order—A legal decision by a court directing that a certain action be taken or making a ruling on a particular motion. Court orders must be followed by the parties that are affected by them. Court orders are usually put in writing and made part of the official case file.
Injunction—A specific type of court order requiring one or more parties to do or not do certain things outside of court. Injunctions do not deal with money damages. Disobeying an injunction can be considered contempt of court and the violator may be punished.
Journal—A specific part of the Clerk of Court’s records for the official recording in all cases of final actions of a judge of the court, such as judgments, orders, decisions, and verdicts. Certain actions are not considered legally complete or official until recorded in the journal.
Legal forms—Pre-printed legal documents with blanks to be filled in to create a finished product customized for use in a particular legal situation. Legal forms must be used with care as not every circumstance can be anticipated by the creator of the blank document, especially documents found on the Internet.
Citation—A reference in a document directing a court or an opposing party to a legal point or rule in a specific legal resource. A citation can be to a prior case, a statute, a court rule, or an ordinance. More and more, citations are to online reference sources for case law and statutes.