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O P Q R S T U V W X Y Z
325D or 325(d): a shorthand
reference to "CPLR 325(d)," the New York statute
which allows a court to transfer a matter to a lower court.
Pursuant to CPLR 325(d), the Supreme Court may transfer claims
to the Civil Court which appear to have a value of no more
than $25,000, but which were brought in Supreme Court claiming
a greater amount. Once transferred, however, a potential verdict
is not limited to the $25,000 maximum of the Civil Court.
A
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
adjournment:
a temporary postponement of the proceedings of a case until
a specified future time
adjudicate:
to hear or try and determine judicially
adversary:
an opponent. The defendant is the plaintiff's adversary
affiant:
one who swears to an affidavit; deponent
affidavit:
a sworn or affirmed statement made in writing and signed;
if sworn, it is notarized
affirmed:
upheld, agreed with (e.g.,The Appellate Court affirmed the
judgment of the Civil 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
allocution:
a formal address by a trial judge to the parties on the record
to find out if they understand the terms of a stipulation
of settlement
amend:
to change
answer:
a paper filed in court and sent to the plaintiff by the defendant,
admitting or denying the statements in the plaintiff's complaint,
and briefly stating why the plaintiff's claims are incorrect
and why the defendant is not responsible for the plaintiff's
injury or loss
appeal:
in an appeal, either plaintiff or defendant (or sometimes
both) asks a higher reviewing court to consider a lower court
judge's decision. One may only appeal a judge's ruling, not
an arbitrator's ruling.
appeal
as of right: the ability to bring an appeal of an order
or a judgment without seeking permission of the court
appear/
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:
a process in which an impartial attorney trained in arbitration
or a retired judge decides a dispute instead of the court;
if the parties consent to arbitration, the arbitrator's decision
is final; otherwise, a dissatisfied party may request a trial
before the court
arbitrator:
a disinterested person trained in arbitration who hears evidence
concerning the dispute and makes an award based on the evidence
argument:
a reason given in proof or rebuttal
attachment:
the taking of property into legal custody by an enforcement
officer
B
bill of particulars:
factual detail submitted by a claimant
after a request by the adverse party which details, clarifies
or explains further the charges and/or facts alleged in a
pleading
brief:
a written or printed document prepared
by the lawyers on each side of a dispute and submitted to
the court in support of their arguments - a brief includes
the points of law which the lawyer wished to establish, the
arguments the lawyer uses, and the legal authorities on which
the lawyer rests his/her conclusions
C
calendar:
a schedule of matters to be heard in court
calendar
call: the calling of matters
requiring parties, or their attorneys, to appear and be heard.
There is usually one at the beginning of each court day. Other
calendar calls take place throughout the day.
caption:
in a pleading, deposition or other
paper connected with a case in court, it is the heading or
introductory clause which shows the names of the parties,
name of the court, number of the case on the docket or calendar,
etc.
cause of
action: grounds on which
a legal action may be brought (e.g., property damage, personal
injury, goods sold and delivered, work labor and services)
certified
copy: a document which contains
a seal that establishes the document as genuine, as a true
copy, so that it may be used as evidence at a trial or a hearing.
A document may be certified by an official record keeper,
a clerk of the court, or any other authorized person, for
example, an attorney.
certified
statement: a statement which
has been sworn to before a Notary Public or Commissioner of
Deeds as a true statement
change
of venue: the removal of
a suit begun in one county to another county for trial, though
the term may also apply to the removal of a suit from one
court to another court of the same county
charge to
jury: in trial practice,
an address delivered by the court to the jury at the close
of the case instructing the jury as to what principles of
law they are to apply in reaching a decision
chattel:
article of personal property
civil
contempt: a failure to comply with a court order. Civil
contempt is committed when a person violates an order of the
court which specifically requires that the person do or refrain
from doing an act. Punishment for civil contempt may be a
fine or imprisonment, and the goal of the punishment is to
have the person comply with the original order of the court.
claimant:
the person who brings a suit in Small Claims Court
Clerk’s
Return On Appeal: a form filled out by the Civil Court
Appeals Clerk certifying that the record on appeal is complete
and ready to be transmitted to the Appellate Term
complaint:
a paper filed in court and delivered to the party(ies) being
sued, stating the plaintiff's claims against the defendant
costs:
the statutory sum awarded to the successful party when a judgment
is entered (Section 1901 all Court Acts)
counterclaim:
a legal claim by the defendant against the plaintiff
court
record: a documentary account
of what happened in the action or proceeding, which includes
the court file, exhibits and transcripts
court
reporter: a person who transcribes by shorthand or
stenographically takes down testimony during court proceedings
CPLR:
the abbreviation for the Civil Practice Law and Rules, which
is the New York state statute that sets forth the rules of
civil procedure governing how a lawsuit is conducted in the
courts of this state
cross-appeal:
an appeal by one who has received a notice of appeal from
their opposing party
crossclaim:
claim litigated by co-defendants or co-plaintiffs against
each other and not against a party on the opposite side of
the litigation
cross-examination:
questioning by a party or his attorney of an adverse party
or a witness called by an adverse party
D
decision:
the determination reached by a
court in any judicial proceeding, which is the basis of the
judgment
default:
a "default" occurs when
a party fails to plead or otherwise defend within the time
allowed, or fails to appear at a court appearance
default
judgment: a judgment against
a defendant as a result of his/her failure to appear or submit
papers at an appointed time during a legal proceeding
defendant:
the one being sued. This party
is called the "respondent" in a summary proceeding
defenses, legal or equitable: a stated reason why the plaintiff has no valid case against the defendant
deliberation:
the process by which a panel of
jurors comes to a decision on a verdict
de novo:
from the beginning, a new trial
deposition:
sworn testimony of a witness.
direct
examination: the first interrogation
of a witness by the party on whose behalf the witness is called
directed
verdict: an instruction by the judge to the jury to
return a specific verdict
disbursements:
out of pocket expenses awarded to the winner in a judgment
discovery:
the efforts of a party to a lawsuit to get information about
the other party's contentions before trial. The range of information
which each party must exchange in discovery is broad, because
all parties should go to trial with as much information and
knowledge about the lawsuit as possible. During discovery
a party may: (1) demand that the other party produce documents
or other physical evidence, (2) request written interrogatories,
which are questions and answers written under oath, and (3)
take depositions, which involve an in-person session at which
one party has the opportunity to ask oral questions of the
other party or his or her witnesses.
dismissal:
termination of a proceeding for a procedurally prescribed
reason
dismissal
with prejudice: action dismissed on the merits which
prevents renewal of the same claim or cause of action
dismissal
without prejudice: action dismissed, not on the merits,
which may be re-instituted
disposition:
the result of a judicial proceeding by withdrawal, settlement,
order, judgment or sentence
E
entry
of judgment: in order to start enforcing a judgment,
the judgment must be “entered.” Entry occurs after
the clerk of the court signs and files the judgment.
eviction
proceeding: any proceeding which could result in the
eviction of a respondent, such as a holdover or nonpayment
proceeding
evidence:
a form of proof or probative matter legally presented at the
trial of an issue by the acts of the parties and through witnesses,
records, documents, concrete objects, etc., for the purpose
of inducing belief in the minds of the court or the jury
examination
before trial: a formal interrogation of parties and
witnesses before trial
execution:
(1) the performance of all acts necessary to render a written
instrument complete, such as signing, sealing, acknowledging,
and delivering the instruments (2) supplementary proceedings
to enforce a judgment, which, if monetary, involves a direction
to the sheriff to take the necessary steps to collect the
judgment
exhibit:
a paper, document or other article produced and exhibited
to a court during a trial or hearing and, on being accepted,
is marked for identification or admitted in evidence
ex parte:
a proceeding, order, motion, application, request, submission
etc., made by or granted for the benefit of one party only;
done for, in behalf of, or on application of one party only
F
G
garnish/
garnishment: to attach (seize) a portion of the wages
or other property of a debtor to repay the debt. The garnishing
party notifies a third party, such as a bank or an employer,
to retain something it has belonging to the defendant-debtor,
to make disclosure to the court concerning it, and to dispose
of it as the court shall direct.
guardian ad
litem: a person appointed by the court to represent
a minor or an adult, not able to handle his or her own affairs,
during a legal proceeding. The person appointed does not need
to be a lawyer. The guardian ad litem is the guardian just
for the purpose of the particular lawsuit. The person acting
as the guardian ad litem has the responsibility to pursue
the lawsuit and to account for any money recovery.
H
I
income
execution: the legal process of enforcing a judgment.
To enforce the judgment, the judgment creditor may seek an
order from the court to have the appropriate authority seize
property of the judgment debtor in order to satisfy the judgment.
In the case of an income execution, or a "garnishment,"
the court might order a portion of the judgment debtor's wages
or other property held in an amount to satisfy the judgment.
This might be done over time in increments.
index
number: a number issued
by the county clerk, which is used to identify a case - in
civil court there is a charge of $45.00
infant's
compromise: a civil proceeding or motion for obtaining
court approval of the settlement of an infant's claim
information
subpoena: a legal document that requires a person,
a corporation, some other business, or the judgment debtor
him or herself to answer certain questions about where the
judgment debtor’s assets can be found
inquest:
a non-jury trial for the purpose of determining the amount
of damages due on a claim, if a party has not appeared or
defended against the claim, and after the merits of the claim
have been proven
interpreter:
a person sworn at a judicial proceeding to translate oral
or written language
interrogatories:
written questions propounded by one party and served on an
adversary, who must provide written answers thereto under
oath
J
judgment:
the final decision of the judge. It is a determination of
the rights and obligations of the parties. In a given lawsuit,
a judgment may direct a dismissal of the lawsuit, order payment
of a money amount or a direct one or more of the parties to
do an act.
judicial hearing
officer (JHO): a person who formerly served as a judge
or justice of a court of record of the Unified Court System
jurisdiction:
the court's authority to hear and decide a case. It is based
upon the geographical, subject matter and monetary limitations
of a court. To hear and decide a case a court must have both
"personal jurisdiction" and "subject matter"
jurisdiction. Personal jurisdiction refers to the court's
power over the parties involved in the lawsuit. Subject matter
jurisdiction refers to the court's power over the type or
category of the lawsuit.
jury
demand: a request for a trial by jury by either party.
There are specific procedures for making a jury demand, which
include filing a written demand with the clerk and paying
a fee. The procedural rules place time restrictions on when
a jury demand must be made.
jury
instructions: directions
given by the judge to the jury
K
L
legal advice: involves applying or interpreting the law to your individual problems and recommending the best way for you to handle your case. Only an attorney, who is not a court employee, can provide legal advice. Court staff can’t offer legal advice to anyone. The court's role is to be neutral, without favor to any party. Court employees may only provide legal and procedural information. Legal and procedural information involves providing general information and does not include telling you how to best deal with your legal issues.
lessee:
a person who has signed a lease to rent real property
liability:an
obligation to do, to eventually do, or to refrain from doing
something; money owed; or according to law one's responsibility
for his/her conduct; or one's responsibility for causing an
injury
lien:
a claim on specific property for payment of a debt
litigant:
party to a legal action
M
marshal:
an officer of the United States,
whose duty it is to execute the process of the courts of the
United States. His duties are very similar to those of a sheriff.
marshal’s
notice: a notice from a Marshal informing the recipient
that they will be evicted after a certain time period
mediation:
a discussion led by an impartial
third party to facilitate a settlement of the lawsuit. The
results of mediation are not binding unless the parties have
signed a settlement agreement.
minutes:
notes of what happened in the courtroom
mitigation:
to make less severe
motion:
a request to the court, usually
in writing, for relief before the trial on the parties' claims,
or for different or additional relief after the trial decision
motion
to reargue or renew: an
application which seeks to persuade a judge that the decision/order
rendered is incorrect, because the judge has misapprehended
the facts or the applicable law, or because new evidence has
become available which would change the prior decision and
there is a good reason why the evidence was not presented
earlier
moving
party: the party who is
making an application to the court for relief
N
nonpayment
proceeding: a court case started by the landlord to
collect unpaid rent and to evict the tenant if the tenant
cannot pay the rent that is owed
notarize:
to have a notary public
attest to the authenticity of a signature on a document by
signing the document and affixing his/her own stamp
notary
public: a person authorized by the State of New York
to administer oaths, certify documents and attest to the authenticity
of signatures
notice
of appeal: a notice to the opposing party that an appeal
of the court proceedings will be taken. The notice must be
served and filed within 30 days of service of the order or
judgment appealed from with written notice of entry.
notice
of claim: a paper required to be sent to the city or
a public authority when a person claims a city agency, official,
or employee of a public authority caused the person damage.
The notice of claim informs the city or public authority of
the nature of the claim within a short time after it occurs.
A notice of claim must be timely sent to the city or public
authority prior to filing a lawsuit.
notice
of entry: a notice with an affidavit of service stating
that the attached copy of an entered order or judgment has
been served by a party on another party
notice
of motion: a notice informing the court and your opposition
when and where your motion will be heard, which lists the
relief requested, the grounds for that relief, and provides
a list of the supporting papers upon which the motion is based
notice
of petition: a petitioner's written notice delivered
to the respondents of when the court will hear the attached
petition
nunc
pro tunc: (now for then)
presently considered as if occurring at an earlier date; effective
retroactively
O
order:
an oral or written command or a
direction from a judge
order to show
cause: a written direction
by the court, usually prepared and presented to the court
by a party, that the court is shortening the required advance
notice of a motion to the other parties. Sometimes the order
to show cause contains a direction to the parties that they
stop some specific activity until the court hears the motion.
P
party:
person having a direct interest in a legal matter, transaction
or proceeding
perfect
appeal: to take all legal steps necessary to complete
the process of appealing an order or judgment. These steps
may include ordering and securing a transcript, drawing up
a record, writing, serving, and filing a brief, getting the
case onto the appellate court’s calendar for argument,
and finally, arguing and submitting the case.
petition:
in special or summary proceedings, a paper like a complaint
filed in court and delivered to the respondents, stating what
the petitioner requests from the court and the respondents
petitioner:
in a special or summary proceeding, one who commences a formal
written application, requesting some action or relief, addressed
to a court for determination. Also known as a plaintiff in
a civil action.
plaintiff:
the one suing. This party is called the "petitioner"
in a summary proceeding
pleadings:
complaint or petition, answer, and reply
poor
person's relief: when a party to a lawsuit cannot afford
the costs of a lawsuit, the Court may permit that party to
proceed without being required to pay for court costs
possession:
the right to occupy a premises
proceeding:
a type of lawsuit. In Housing Court a nonpayment proceeding
seeks past-due rent; a holdover proceeding seeks possession
of the premises.
pro se:
a party who does not retain a lawyer and appears for him/herself
in court
proof
of service: an affidavit filled out by the person who
served legal papers on behalf of a party, or by a party if
so permitted by the Court
Q
R
record:
a permanent written account of some act, court proceeding
or transaction that is drawn up by a proper officer and designated
to remain as permanent evidence of what has been done in a
lawsuit
referee:
a person to whom the court refers a pending case to take testimony,
hear the parties, and report back to the court. A referee
is an officer with judicial powers who serves as an arm of
the court.
relevant:
logically connected and tending to prove or disprove a matter
at issue
replevin:
an action brought for the owner of items to recover possession
of those items when those items were wrongfully taken or are
being wrongfully kept
reply:
a plaintiff's response to a defendant's answer when the answer
contains a counterclaim
requisition:
a request to obtain something, such as court records, subpoenaed
documents or copies of trial tapes
respondent:
one who formally answers the allegations stated in a petition
which has been filed with the court. Also known as a defendant
in a civil action.
restore/
reinstate to calendar: to
reinstate the action to active inventory
S
seizure:
the process by which a person authorized under the law to
do so takes into custody the property, real property or personal
property, of a person against whom a judgment has been issued
or might be issued. The seized property may be held to guarantee
a judgment or be sold to satisfy a judgment.
service
of process: the delivery of copies of legal documents
to the defendant or other person to whom the documents are
directed. Legal documents which must be served include a summons,
complaint, petition, order to show cause, subpoena, notice
to quit the premises and certain other documents. The procedure
for service of process is specifically set out in statutes.
settle
the minutes: the process by which the transcript of
the proceeding is finalized
sheriff:
the executive officer of local court in some areas. In other
jurisdictions the sheriff is the chief law enforcement officer
of a county.
standing:
the right to make a legal claim, or to seek judicial enforcement
of a duty or a right
statement
in lieu of record on appeal: a statement prepared by
parties to an appeal indicating the question for appellate
review, and providing a limited record necessary only to decide
the question
stay:
the postponement or halting of a proceeding, action, or the
enforcement of an order or judgment
stipulation
of settlement: a formal agreement between litigants
and/or their attorneys resolving their dispute
subpoena:
a court document used to compel a witness to testify at the
hearing or to produce records
sum
certain: liquidated damages pursuant to contract, promissory
note, law, etc.
summary
judgment: a determination in an action on the grounds
that there is no genuine issue of fact
summons:
a plaintiff's written notice, in a specific form, delivered
to the parties being sued, that they must answer the plaintiff's
attached complaint within a specific time
T
testimony:
an oral declaration made by a witness or party under oath
transcript:
the written, word-for-word record of all legal proceedings,
including testimony at trial, hearings or depositions. A copy
of the transcript may be ordered from the court reporter and
a fee must be paid for the transcript.
transcript:
the written, word-for-word record of all legal proceedings,
including testimony at trial, hearings or depositions. A copy
of the transcript may be ordered from the court reporter and
a fee must be paid for the transcript.
trial:
the formal examination of a legal controversy in court so
as to determine the issue
trial
de novo: a new trial (see: 22NYCRR 28.12)
turnover
proceeding: a hearing after
a judgment has been issued, in which a creditor seeks to establish
through evidence that the debtor (or a third party who is
in possession of the debtor's property) is in possession of
money or property that would satisfy, or partially satisfy,
the judgment
U
unbundled legal services: a practice in which the lawyer
and client agree that the lawyer will provide some, but not
all, of the work involved in traditional full service representation.
Simply put, the lawyers perform only the agreed upon tasks,
rather than the whole “bundle,” and the clients
perform the remaining tasks on their own.
undertaking:
deposit of a sum of money or filing of a bond in court
use and occupancy:
Payment by an occupant to the landlord for the right to use
and occupy a premises. The occupant is not a tenant, or once
may have been a tenant, but the landlord/tenant relationship
has since been terminated.
V
vacate:
to cancel or invalidate
venue:
the place within the court's jurisdiction where a lawsuit
will be decided. For example, venue in a Civil Court action
may be placed in Manhattan, Queens, Staten Island, Bronx or
Brooklyn.
verification:
confirmation of the correctness, truth or authenticity of
pleading, account or other paper by an affidavit or oath
W
waste:
permanent harm to real property
witness:
one who testifies to what he/she has seen, heard, or otherwise
observed
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