Civil Court Definitions & Meanings

It's important to understand legal terms.

In the United States there are two types of cases, criminal, in which an individual is charged with a crime, and civil, in which one individual sues another individual for something other than a crime, such as a breach of contract. The legal jargon used in civil courts is often confusing. It is important to understand key terms such as complaint, petitioner, respondent, discovery, affidavit and proof of service, which are used in all civil law suits.

Parties to the Action

The plaintiff is the person who brings a case to court and the defendant is the person being sued. For example, if Paul sues Donald for a breach of contract, Paul is the plaintiff and Donald is the defendant. Additionally, in cases in which one party is requesting an action or relief to be addressed by the court, the parties are referred to as petitioner and respondent. The petitioner is the person requesting the action be taken or reviewed, and the respondent is the person who answers or opposes the petitioner's claims or requests. All other parties involved in the case are called third parties.

Pleadings

Pleadings are the documents filed with the court that pertain to the lawsuit. The main types of pleadings are the complaint or petition and the answer or reply. A complaint is the initial proceeding in the lawsuit in which the plaintiff enters a formal, written complaint against a defendant and sets out facts supporting that claim for which relief should be granted. A petition, on the other hand, is a formal, written request brought to the court by an individual, known as the petitioner. The petition asks the court to take an action on behalf of the petitioner or to grant the petitioner some form of relief. Answers are formal, written responses or denials by the defendant or respondent against the alleged claims and facts listed in the complaint or petition. Lastly, a reply is the plaintiff's formal, written response to the defendant's answer, when the defendant's answer includes a counterclaim against the defendant. A counterclaim is a claim brought by the defendant against the plaintiff, usually arising out of the same issues listed in the complaint.

Motions

A motion is an oral or written request made by either party to the court. Motions seek an order or judgment from the court on a specific case-related issue. The party that initiates the motion is referred to as the movant.

Discovery

Before trial, both parties engage in discovery, a period of time when they exchange evidence and disclose information. Many states have mandatory disclosures. The parties can also request information from each other to develop facts in the case before trial. Common discovery methods include depositions and interrogatories. A deposition is the sworn testimony of a witness in the case. The person being deposed is called a deponent. An interrogatory, on the other hand, is a written request against the opposing party to answer questions. The parties can also ask each other to submit documents or make admissions, verifying whether a statement is true or false.

Other Key Terms

Other key terms are affidavit, proof of service and pro se. An affidavit is a sworn or affirmed written statement of facts made by a party or third party in support of a party. Affidavits are signed by the person making the statement and notarized. Proof of service, or process, is a term describing legal notice. Under the rules of civil court, each party must serve the opposing party with pleadings and motions it puts before the court. Lastly, pro se is a legal term to describe an individual who is representing himself without an attorney.

References

• New York State Unified Court System: Glossary of Legal Terms
• California Courts: Glosssary