Welcome to the Tioga Surrogate's Court Glossary
This page provides a list of commonly used words and phrases you may see or hear in Family Court. The glossary is designed to help explain court terms in clear, easy-to-understand language. We hope this resource makes it easier for you to understand court information and processes.
Beneficiary
Any person entitled to share in an estate.
Bequest or legacy
A gift by will of money or other personal property.
Bond
An individual guarantee of performance. The insurance company is the surety which guarantees that the fiduciary will perform or the insurance company will be liable.
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.
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, file number, etc.
Case file
The court file containing the papers submitted in a case.
Cause of action
The ground on which an action may be sustained.
Certificate
An instrument with the court's seal showing that authority has been granted to a fiduciary to act in that capacity and that the authority is in full force and effect on the date of the .
Certification
Certificate signed by the Chief Clerk, or Deputy Clerk, with the court's seal attached to a specific instrument indicating it to be a true copy of the original on file with the court.
Certify
To testify in writing.
Citation
1) Surrogate's Court term for the process issued by the court to be served upon all interested parties to a proceeding (who have not waived or otherwise appeared) in order to secure jurisdiction over them in the proceeding and to give notice of the purpose of the proceeding. 2) Reference to authorities in support of any argument.
Clerk's minutes
Notes, which are taken by a clerk, of events that occurred in court.
Codicil to a will
An addition attached to, or accompanying an original Will changing content of an original Will. A codicil must be signed and witnessed in the same manner as the Will.
Compromise account
An administrative accounting that results from the settlement of a cause of action (i.e. wrongful death). Generally, fewer schedules are filed than in a voluntary account.
Concurrent jurisdiction
Where two or more courts can hear the same case.
Conformed copy
An exact copy of a document with written explanations of things that could not be copied; e.g., a written signature might be replaced with a notation that it was signed by the person on the original.
Contested action
An action which involves disputed issue(s) of fact or law.
Court decision
Any official determination made by a Judge.
Court order
A mandate, command or direction issued by a Judge in the exercise of his/her judicial authority.
Court reporter
A person who transcribes by shorthand or stenographically takes down testimony during court proceedings.
Creditor
Any person having a claim against a decedent or his/her estate.
Custody
Legal or physical control of a person or thing; legal, supervisory or physical responsibility for a person or thing.
Decision
The determination reached by a court in any judicial proceeding.
Decree
A final order signed by the Surrogate concluding the proceeding and determining the rights of the parties thereto.