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.
Civil case—A private dispute between two or more persons, corporations, businesses, or government entities. A civil case can be about contracts, personal injuries, mortgage defaults, property, or other matters. Civil cases are intended to resolve a dispute or disagreement, often about money or legal obligations, which does not involve public harm or safety.
Classification form—A document telling the Clerk of Court something about the legal nature of a civil case when it is filed. The form will indicate if it is an injury claim, a protection order case, a business case, etc. This form is required so the Clerk’s Office and eventually the judge can handle it properly. By local rule, a party filing a civil case must fill out a classification form when the complaint is filed. The Clerk’s office has blank classification forms for people filing cases.
Filing fee/Court costs —The money required by law or local rule of court to be paid as a deposit by a party to start a civil case. The filing fee is used to cover the costs and expenses, such as postage and computerized record keeping, for the normal operation of the Clerk of Courts. The money deposited to cover court costs is used throughout the progress of the case, with any surplus not spent refunded to the party who paid the deposit.
Plaintiff—A person, corporation, or other entity that starts a civil court case by filing a complaint, setting out alleged facts and their legal claims for recovery against one or more defendants.
Defendant—A person, corporation, or other entity subject to the legal claims of another (called the plaintiff) in a civil lawsuit.
Complaint—A legal document filed with the Clerk of Courts by a plaintiff to start a civil case. A complaint describes for the Court and the parties named as defendants the factual and legal reasons for the lawsuit and the remedy the plaintiff is seeking from the court. A complaint and any answer or other documents responding to it are collectively called pleadings.
Summons—A legal document issued by the Clerk of Courts informing a defendant that a case has started against them. A summons is served along with a civil complaint naming every party listed as a defendant. An individual receiving a summons and complaint in a civil case must legally respond to the Court within 28 calendar days from the date of service.
Answer—A legal document filed with the Clerk of Courts by a defendant that responds to a complaint and describes the defendant’s stance on the factual and legal allegations in the complaint. An answer must be in writing (instead of a phone call) in order to properly respond to the complaint with a document that can be placed in the court file. Not filing a written answer could lead to a default judgment in favor of a plaintiff (like a forfeit in sports for not showing up for a game.)
Cross-claim/Counterclaim—The addition of a defendant’s legal claims to an existing lawsuit so that everything about a particular event or transaction is efficiently handled in one case. A cross-claim or counterclaim must be in writing and filed with the Clerk of Court, usually along with an answer. A cross-claim asserts legal claims by one defendant against another defendant. A counterclaim asserts legal claims by a defendant back against the original plaintiff.
Summary judgment—A decision of the court based on a motion filed by a party that resolves all or part of a case without a trial. A summary judgment can only be granted when the facts are undisputed and the law is clear.
Petitioner/Petition—A person who starts a civil case by filing a petition with the Clerk of Courts. A petition is used instead of a complaint when a party seeks a writ (such as habeas corpus) or a specific court order (such as a civil protection order.) If someone is seeking a civil protection order (CPO) against someone else, the person filing is the petitioner.
Respondent—A party who opposes a petitioner in court and seeks to prevent the issuance of a writ or court order. If someone is seeking a civil protection order (CPO) against another person, the person filed against is the respondent.
Indigent—Not having enough income or assets to afford an attorney in a court case. In criminal cases only, a person who is indigent has the right to have an attorney appointed by the court to defend them at public expense. There is no right to counsel for an indigent defendant in a civil case.
Pro se (also called self-represented)—Appearing in court to present a case without an attorney. There are risks of making legal mistakes when appearing without an attorney. Pro se parties are required to follow the same rules of procedure and evidence as attorneys. Certain courts such as Small Claims Court (a part of Municipal Court) encourage pro se parties to present their civil cases without an attorney.
Garnishment—A court order directing a party to pay money into court for payment of a debt. Garnishments are issued by the Clerk of Courts. The two most common garnishments for payment of a court judgment are: (1) a wage garnishment ordering an employer to pay a limited percent of an employee’s wages into the Clerk’s office, and (2) a bank garnishment ordering a bank to pay money out of an account.
Replevin—A court order directing the sheriff to seize personal property from a person. A replevin frequently involves a motor vehicle, usually as security during a court case or as payment on a court judgment.
Foreclosure—A particular type of civil case filed to enforce a mortgage holder’s right to recover real estate when a mortgage is unpaid. A foreclosure case, if not settled by agreement between the lender and the property owner, can lead to a court order for the property to be sold at a sheriff’s public auction.
Revivor—A legal process where a court judgment that has become too old to enforce is reactivated and made current. A party who has won a judgment that has gone stale through the passage of time must file a motion with the Court and have a judge approve bringing the judgment back into full legal effect.
Discovery—The process of investigation of the facts in a civil case after filing and before trial. The Rules of Civil Procedure allow all parties to get discovery from other parties in the case. Discovery can include documents and other business records, testimony of witnesses, written questions and answers, examinations and reports by experts, and digital information.
Deposition—The taking of legal testimony from a witness under oath outside of court. The deposition testimony is recorded and may be used in later proceedings or in trial.