Glossary Of Civil Terms
Abstract of Judgment
A summary of the court's final decision. It’s often used by court-related agencies. In civil cases, it can create a claim on someone's property in the county.
Amend
To add or change something in a filed document.
Amended vs. Amendment
An amended document replaces the old one. For example, if a complaint is changed, the new version takes its place, but the original stays in the record. An amendment changes or fixes only part of a document, like correcting a name.
Answer
A written reply from the defendant in a civil case, responding to charges.
Arbitration
When two sides let a neutral person, called an arbitrator, decide a case instead of going to court. This can save time and money, but it’s not always final. If someone disagrees, they can ask for a trial.
Bankruptcy
A legal process for people or businesses that can’t pay their debts. A bankruptcy stops debt collection until the court decides the case. If debts are cleared, creditors cannot collect them anymore.
Blocked Account
A special bank account for a minor’s money from a settlement or judgment. Withdrawals need court approval until the minor turns 18.
Certificate of Assignment
A document where someone swears that the case is filed in the right court.
Civil Case
A lawsuit where someone sues for property, to enforce a contract, or protect their rights.
Civil Case Cover Sheet
A form used to gather statistics about the case. It’s usually not filed unless the case is complex.
Complaint
A document from the plaintiff (the person suing), listing what the defendant did wrong and what the plaintiff wants as a solution.
Complaint in Intervention
When a third party joins a case, either to help one side or to oppose both sides, with court approval.
Coordination
Combining similar cases in different courts for one trial.
Costs
Money that the winning side spent to actually win the case.
Cross-Complaint
When a defendant sues the plaintiff or another party during the same case.
Default
Failing to respond or act in a lawsuit.
Default Judgment
A court decision made because someone didn’t respond or show up in court.
Defendant
The person being accused or sued.
Delay Reduction
Rules to speed up civil cases, like deadlines for filing papers or serving documents.
Demurrer
A way for the defendant to say the lawsuit isn’t legally valid, even if the facts are true.
Dismiss or Dismissal
Dropping a case. If dismissed “with prejudice,” it can’t be refiled. If “without prejudice,” it can be filed again.
Disposition
The court's final decision in a case.
Doe
A placeholder name for a defendant until their identity is known.
Doe Amendment
A form to change a “Doe” to the actual name of a defendant.
Eminent Domain
The government’s right to take private property for public use.
General Denial
A response from the defendant denying all claims in a civil case.
Guardian ad Litem
An adult chosen by the court to represent a child in a case.
Harassment
When someone seeks a court order to stop someone else from bothering or threatening them.
Joinder
When multiple people or claims are added to one case.
Judgment
The court’s final decision about who wins and the terms.
Judicial Council
The group that makes rules for California courts.
Jurisdiction
The court’s power to hear and decide a case.
Law and Motion
Court proceedings before a trial to resolve legal questions.
Leave of Court
Permission from the court to do something, like file extra documents.
Levy
Taking property to pay a debt.
Lis Pendens
A notice that a property is involved in a lawsuit.
Motion
A request to the court to make a decision or order.
Motion for New Trial
Asking the court for a new trial after a decision has been made.
Motion to Strike
Asking the court to remove parts of a document.
Motion for Summary Judgment
Asking the court to decide a case without a trial because the facts are clear.
Nolo Contendere
A plea meaning "I don’t admit guilt, but I won’t fight the charges."
ORAP
A court order for someone who owes money to appear and answer questions about their assets.
Personal Service
Delivering court papers directly to the other side.
Petition
A formal request to the court for action.
Petitioner
The person who files a petition.
Plaintiff
The person who starts a lawsuit.
Points and Authorities
A written explanation with legal references to support a motion.
Quash
To cancel something, like a summons.
Renewal of Judgment
Extending a court decision that lets someone collect money for an extra 10 years.
Respondent
The person responding to a motion or petition.
Sister-State Judgment
A process to enforce a court decision from another state.
Statement of Damages
A document where the plaintiff lists the specific amounts of money they are asking for.
Subpoena
A legal paper requiring someone to appear in court.
Subpoena Duces Tecum
A subpoena that also requires specific documents to be brought to court.
Substituted Service
Delivering court papers to someone other than the defendant and mailing a copy to the intended recipient.
Summons
A notice to a defendant that they’re being sued.
Trial de Novo
A new trial, as if the first one didn’t happen.
Venue
The correct location for a trial.
Warrant
A written order for law enforcement to take action.
Writ
An official court order for someone to do something.
Writ of Mandate
An order requiring someone to do their legal duty.
Writ of Execution
An order to enforce a court decision, like collecting money.
Writ of Habeas Corpus
An order to release someone who’s being held unlawfully.
Writ of Prohibition
An order stopping a court or official from taking further action.