Glossary
Glossary
A
Answer and Counterclaim:
A responsive pleading to the Complaint/Petition that responds to the allegations of the Complaint and sets forth its own overall relief requested by the Defendant.
Appeal:
An application to an appellate court from the lower court by way of briefs and supporting documentary evidence that was presented to the lower court. The purpose of an appeal is to overturn the lower court’s decision on certain issues.
C
Complaint/Petition:
An initial pleading that sets out the overall relief requested by the Plaintiff, generally in the form of causes of action.
D
Defendant:
The party responding to a contested action.
Deposition:
The process of obtaining sworn live testimony from an opposing party or witness.
Discovery:
An evidence gathering process when certain questions (called Interrogatories) and requests for documents (called Requests for Production) are propounded to the other party and vice versa.
E
Expert Witness:
A professional in his or her field of work retained by a party to provide a professional opinion on certain matters only known to that expert.
F
Financial Declaration:
A sworn document disclosing income, expenses, assets and debts for the Court’s consideration.
G
Guardian ad Litem:
A court appointed individual, either an attorney or lay person, who represents the children or wards in a contested custody action. The Guardian ad Litem is tasked with conducting his or her own investigation to aid the Court in its determination of the best interests of the children.
H
Hearing:
A hearing is a court appearance by counsel of record and the parties before a Judge where certain relief is requested. Typically, documents and other evidence are presented at the time of a hearing in support of the relief requested.
M
Mediation:
A required alternative dispute resolution mechanism after a contested action is filed. The process involves a third party neutral who attempts to resolve the differences between parties in an effort to come to an agreement.
Motion
A pleading in which a party is asking the Court to do something or for certain relief.
O
Order:
A document signed by a Judge that mandates the requirements of each party. Failure to abide by an Order could result in a contempt of court finding.
P
Plaintiff
The party initiating a contested action.
R
Reply:
A pleading that is a written response to an Answer and Counterclaim
S
Subpoena:
A document signed by an attorney commanding the production of documents from a third party. Subpoenas can only be issued during an active case.
T
Transcript:
A complete record of a hearing to include all things stated on the record by counsel, the parties, the Judge and any other witnesses at the time of the hearing.
Trial:
A hearing on the merits of all of the contested issues. A trial takes place before a Judge who hears evidence by way of witness testimony, testimony of the parties, and exhibits. A result of a trial is a final determination of the contested matter notwithstanding an appeal.