Surrogate's Court
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accusatory instrument: A document in which an accusation of a criminal offense is set forth, which may include an "indictment", an "information" or a "complaint".
acknowledgement: the act of going before a qualified officer (e.g., Clerk) and declaring the validity of the document. The officer certifies same, whose certification is known as the acknowledgment
acquit: the act of freeing a person from the charge of an offense by means of a decision, verdict or other legal process; to discharge
action: a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party
actual place of business: Any location that the defendant, through regular solicitation or advertisement, has held out as its place of business (sec. 308.6 CPLR).
ad damnum: clause of a pleading alleging amount of loss or injury
adjournment: a temporary postponement of the proceedings of a case until a specified future time
adjudicate: to hear or try and determine judicially
administration: proceeding for estate of decedent who dies without a will
administration cum testamento annexo (c.t.a.): with will annexed - proceeding in which no person is named as executor in the will, or if at any time there is no executor or administrator with will annexed qualified to act
administration de bonis non (d.b.n.): when the office of administrator becomes vacant for any reason, the Court may grant letters of administration d.b.n to one or more eligible persons
administrator/administratrix: male/female person appointed to administer the estate of a person who died without a will
adversary: An opponent. The defendant is the plaintiff's adversary.
adversary system: the system of trial practice in the U.S. and some other countries in which each of the opposing, or adversary, parties has full opportunity to present and establish its opposing contentions before the court
affiant: one who swears to an affidavit; deponent
affidavit: a sworn or affirmed statement made in writing and signed; if sworn, it is notarized
affinity: Related by marriage; family relation from one's spouse's family.
affidavit of service: an affidavit intended to certify the service of a writ, notice, or other document
affirm: an act of declaring something to be true under the penalty of perjury by a person who conscientiously declines to take an oath for religious or other pertinent reasons
affirmation: A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.
affirmed: Upheld, agreed with (e.g.,The Appellate Court affirmed the judgment of the City Court).
allegation: the assertion, declaration, or statement of a party to an action, made in a pleading, setting out what the party expects to prove
allege: To assert a fact in a pleading.
alternate juror: a juror selected as substitute in case another juror must leave the jury panel
amend: To change.
amicus curiae: A Friend of the Court. A non-party to a proceeding that the Court permits to present its views.
annul: to make void, as to dissolve the bonds of marriage
answer: a paper submitted by a defendant in which he/she responds to and/or denies the allegations of the plaintiff
appeal: a proceeding to have a case examined by an appropriate higher court to see if a lower court's decision was made correctly according to law
appearance: the participation in the proceedings by a party summoned in an action, either in person or through an attorney
appellant: the party who takes an appeal to a higher court
appellee: the party against whom an appeal is taken
arbitration: the submission voluntarily or involuntarily of a disputed matter to selected persons and the substitution of their award or decision for the judgment of a court or its confirmation by the court as a judgment of the court
argument: a reason given in proof or rebuttal
at issue: whenever the parties to a suit come to a point in the pleadings which is affirmed on one side and denied on the other, they are said to be "at issue"
attachment: The taking of property into legal custody by an enforcement officer (see specialty section: Recovery of Chattel).
attestation: the act of witnessing an instrument in writing at the request of the party making the same, and subscribing it as a witness
attorney of record: attorney whose name appears in the permanent records or files of a case
award: A decision of an Arbitrator.
