Chapter 6- Civil Litigation Process

Front 1

Witness

Back 1

Person who is asked to testify under oath at a trial.

Front 2

Judgment

Back 2

The court's final decision regarding the rights and claims of the parties to a lawsuit.

Front 3

Federal Rules of Civil Procedure (FRCP)

Back 3

The rules controlling all procedural matters in civil trials brought before the federal district courts.

Front 4

Complaint

Back 4

The pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of the defendant.

Front 5

Pleadings

Back 5

Statements by the plaintiff and the defendant that detail the facts, charges and defenses involved in the litigation.

Front 6

Docket

Back 6

The list of cases entered on a court's calendar and thus scheduled to be heard by the court.

Front 7

Allegation

Back 7

A party's statement, claim or assertion made in a pleading to the court. The allegation sets forth the issue that the party expects to prove.

Front 8

Prayer for Relief

Back 8

A statement at the end of the complaint requesting that the court grant relief to the plaintiff.

Front 9

Affidavit

Back 9

A written statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation.

Front 10

Service of Process

Back 10

The delivery of the summons and the complaint to a defendant.

Front 11

Summons

Back 11

A document served on a defendant in a lawsuit informing the defendant that a legal action has been commenced against him or her and that the defendant must appear in court or respond to the plaintiff's complaint within a specified period of time.

Front 12

Return-of Service Form

Back 12

A document signed by a process server and submitted to the court to prove that a defendant received a summons.

Front 13

Default Judgement

Back 13

A judgment entered by a clerk or court against a party who has failed to appear in court to answer or defend against a claim that has been brought against him or her by another party.

Front 14

Answer

Back 14

A defendant's response to a plaintiff's complaint.

Front 15

Affirmative Defense

Back 15

A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action.

Front 16

Motion

Back 16

A procedural request or application presented by an attorney to the court on behalf of a client.

Front 17

Motion to dismiss

Back 17

A motion filed by the defense that asks the court to dismiss the case based on certain reasons, such as improper service, lack of personal jurisdiction, or the plaintiff's failure to state a claim for which relief can be granted.

Front 18

Supporting affidavit

Back 18

An affidavit accompanying a motion that is filed by an attorney on behalf of his client. The sworn statements in the affidavit provide a factual basis for the motion.

Front 19

Memorandum of law

Back 19

A document (a brief) that outlines the legal theories, statues, and cases on which a motion is based.

Front 20

Motion for judgement on the pleadings

Back 20

Motion filed by either party that asks the court to enter a judgement in his or her favor based on information contained in the pleadings only. Judgement is made only if there are no facts in dispute and the only question is how the law applies to a set of undisputed facts.

Front 21

Motion for summary judgement

Back 21

Motion filed by either party which asks court to enter judgement in his/her favor without a trial. This judgement can be supported by evidence outside the pleadings, such as witnesses' affidavits, answers to interrogatories, and other evidence obtained prior to or during discovery.

Front 22

Discovery

Back 22

Formal investigation prior to trial. During discovery, parties use various methods, such as interrogatories and depostions, to obtain information about each other and from witnesses to prepare for trial.

Front 23

Privileged information

Back 23

Confidential communication between parties, such as attorney and client, that are protected from disclosure except under court order.

Front 24

Interrogatories

Back 24

Given under Oath. A series of written questions for which written answers are prepared and then signed by a party to a lawsuit(plaintiff or defendant).

Front 25

Deposition

Back 25

Given under Oath. Pre-trial question-and-answer proceeding, usually conducted orally, in which a party or witness answers an attorney's questions. The deposition is always recorded.

Front 26

Deponent

Back 26

A party or witness who testifies under oath during a deposition.

Front 27

Deposition transcript

Back 27

The official transcription of the recording taken during a deposition.

Front 28

Impeach

Back 28

To call into question the credibility of a witness by challenging the truth or accuracy of his or her trial statement.

Front 29

Metadata

Back 29

Embedded data recorded by a computer in association with a particular file, including the file's location, path creator, date created, date last accessed, hidden notes, earlier versions, passwords and formatting. Metadata reveals information about how, when, and by whom a document was created, accessed, modified, and transmitted.

Front 30

Subpoena

Back 30

A legal document commanding a person to appear at a certain time and place to give testimony concerning a certain matter.

Front 31

Trial notebook

Back 31

A binder that contains copies of all of the documents and infomation that an attorney will need to have at hand during trial.

Front 32

Pretrial conference

Back 32

A conference prior to trial in which the judge and the attorneys litigating the suit discuss settlement possibilities, clarify the issues in dispute, and schedule forthcoming trial-related events.

Front 33

Motion in limine

Back 33

A motion requesting that certain evidence not be brought out at the trial, such as predudicial, irrelevant, or legally inadmissible evidence.

Front 34

Voir dire

Back 34

A proceeding in which attorneys for the plaintiff and the defendant ask prospective jurors questions to determine whether any potential juror is biased or has any connection with a party to the action or with a prospective witness.

Front 35

Challenge

Back 35

An attorney's objection, during voir dire, to the inclusion of a particular person on the jury.

Front 36

Challenge for cause

Back 36

A voir dire challenge for which an attorney states the reason why a prospective juror should not be included in the jury.

Front 37

Pemremptory challenge

Back 37

A voir dire challenge to exclude a potential juror form serving on the jury without any supporting reason or cause. Peremptory challenges based on racial or gender criteria are illegal.

Front 38

Opening statement

Back 38

An attorney's statement to the jury at the beginning of the trial. The attorney briefly outlines the evidence that will be offered during the trial and the legal theory that will be pursued.

Front 39

Direct examination

Back 39

The examination fo a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.

Front 40

Cross-examination

Back 40

The questioning of an opposing witness during the trial.

Front 41

Redirect examination

Back 41

The questioning of a witness following the adverse party's cross-examination.

Front 42

Recross-examination

Back 42

The questioning of an opposing witness following the adverse party's redirect examination.

Front 43

Motion for a directed verdict

Back 43

A motion (also known as a motion for judgement as a matter of law in the federal courts) requesting that the court grant a judgment in favor of the party making the motion on the ground that the other party has not produced sufficient evidence to support his or her claim.

Front 44

Closing argument

Back 44

The argument made by each side's attorney after the cases have been heard. Closing arguments are made prior to the jury charge.

Front 45

Charge

Back 45

The judge's instruction to the jury, following the attorney's closing arguments, setting forth the rules of law that the jury must apply in reaching its decision.

Front 46

Verdict

Back 46

A formal decision made by a jury.

Front 47

Motion for judgement notwithstanding the verdict

Back 47

A motion (also referred to as a motion for judgment as a matter of law in federal courts) requesting that the court grant judgment in favor of the party making the motion on the ground that the jury verdict against him or was unreasonable or erroneous.

Front 48

Motion for a new trial

Back 48

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason)that a new trial is needed to prevent a miscarriage of justice.