Written by Tana Fye and Sheri Crosier
When it comes time to file for a divorce, or to file a civil lawsuit against another person, or when you’ve been sued, there are likely to be some terms thrown in that you won’t know the meaning to. This is a short list of some of the terms often used in civil cases.
Affidavit- Written, sworn statement of evidence.
Answer- A defendant’s response to a plaintiff’s initial court filing (called a complaint or petition). An answer typically denies some or all of the facts in the complaint, and sometimes includes allegations or charges against a plaintiff (called a counterclaim).
Complaint- Papers filed with the court by a plaintiff to start a lawsuit. The complaint sets out facts and legal claims. This can also be called a Petition.
Counterclaim- A defendant often files this with an Answer to make allegations or charges against a plaintiff.
Defendant- An individual who a lawsuit is filed against.
Discovery- Procedures used to obtain disclosure of evidence before trial. Can also refer to the records produced or received through the process
Ex parte- A proceeding brought before a court by one party only, without notice to or challenge by the other side.
In forma pauperis- Permission given by the court to a person to file a case without payment of the required court fees because the person cannot afford to pay them.
Interrogatories- A form of discovery consisting of written questions to be answered in writing. Often done at the same time as Requests for Production.
Judgment- The official decision of a court finally resolving the dispute between the parties to the lawsuit.
Petition- The document that initiates the case (often also called a Complaint).
Plaintiff- A person that files a formal complaint with the court.
Pleading- Written statement filed with the court that describes a party’s legal or factual claims about the case and what the party wants from the court.
Requests for Production- A form of discovery consisting of written requests that the other party make documents available for review. Often done at the same time as Interrogatories.
Response- A written pleadings filed by a defendant to respond to a complaint. The most common is an answer.
Summons- A notice to a defendant that an action against them was filed and that a judgment will be entered against them if they do not answer the complaint or petition in the time allowed.