Common legal terms explained

Summons-In practice. To cite a defendant to appear in court to answer a suit which has been begun against him; to notify the defendant that an action has been Instituted against him, and that he is required to answer to it at a time and place named.

*This is the document that puts a person on notice that they are being sued Complaint-The complaint is the first or initiatory pleading on the part of the plaintiff in a civil action.

*This is the first thing that is filed, and it is filed with a Summons. It starts you case, and tells the Court what you are asking for (divorce, custody, child support, alimony, etc.)

Filing-This term applies to the date that a claim or demand must be filed or presented.

Answer- Any pleading setting up matters of fact by way of defense. In chancery pleading, the term denotes a defense in writing, made by a defendant to the allegations contained in information filed by the plaintiff against him.

*This is a Defendant's response to the Complaint and the claims made by the Plaintiff

Counterclaim- A claim set up and urged by the defendant in opposition to or reduction of the claim presented by the plaintiff. The term that is given to the claim or cause of action against the plaintiff by the defendant. Discovery- In a general sense, the ascertainment of that which was previously unknown; the disclosure or coming to light of what was previously hidden; the acquisition of notice or knowledge of given acts or facts. The disclosure by the defendant of facts, titles, documents, or other things which are in his exclusive knowledge or possession, and which are necessary to the party seeking the discovery as a part of cause or action pending. Interrogatories- A series of formal written questions used in the judicial examination of a party or witness. In taking evidence on depositions, the interrogatories are usually prepared and settled by counsel, and reduced to writing in advance of the examination. Request for Production- A request for production is part of the discovery process that occurs prior to trial. Either party may send such a request to an opposing party or witness. You have 30 days after you are served to provide the asking lawyer with your written reply, staying which documents you have in your possession and to make those documents available for the asking lawyer to review and copy. Mediation-The act of a third person who interferes between two contending parties with a view to reconcile them or persuade them to adjust or settle their dispute. Arbitration-Arbitration is an alternative means of settling dispute by impartial persons without proceeding to a court trial. It is sometimes prefered as a means of expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. When parties submit to arbitration, they agree to be bound by and comply with the abitrator’s decision. The arbitrators’ decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Guardian ad Litem-The party the court deems responsible for an incapacitated, handicapped, or minor in court. Divorce A Vinculo Matrimonii-A divorce from the bond of marriage. A total divorce of husband and wife, dissolving the marriage tie, and releasing the parties wholly from their matrimonial obligations. Jurisdiction- The power and authority constitutionally conferred upon in a court of judge to pronounce the sentence of the law, or to award the remedies provided by law upon a state of facts, proved or admitted, referred to the tribunal for decision, and authorized by law to be the subject of investigation or action by the tribunal, and in favor of or against persons who present themselves, or who are brought, before the court in some manner sanctioned by law as proper and sufficient. Venue-The neighborhood, place, or county in which an injury is declared to have been done, or fact declared to have happened. Venue also denotes the county in which an action of prosecution is brought for trial, and which is to furnish the panel of jurors. Reconciliation- The renewal of amicable relations between two persons who had been at enmity or variance; usually implying forgiveness of injuries on one or both sides. It is sometimes used in the law of divorce as a term synonymous or analogous to “condonation”