Evidence
Any proof legally presented at trial by witnesses, records, and/or exhibits to prove a fact.
Ex parte
Latin: "From one side only." A motion or statement made to the court by one party without notice to the other side
Examination before trial
(EBT) An interrogation (interview) of the a person outside of the court before the trial.
Execute
1. To perform or carry out all terms of a contract or court order. 2. To make valid by signing (a document). 3. To kill.
Execution of judgment
Legal process of enforcing a judgment, usually by taking and/or selling property of the person who owes.
Execution of the warrant of eviction
The removal of the occupants of a place by a marshal or sheriff.
Executor
A person named in a will and appointed by the court to carry out the will’s instructions and handle financial matters.
Exemplification
An official transcript of a public record, recognized as a true copy for use as evidence.
Exempt assets
Property of a person that owes money that is legally protected from being taken to pay the judgment.
Exhibit
1. When a document or an object is used as evidence in a case. 2. A document attached to and part of other court papers.
Exonerate
1. To clear of blame or to relieve from responsibility. 2. To remove a lien from a property, for example, to pay off a mortgage.
Exonerate bail
When the court returns money or property to the defendant or bondsman.
See:
Expert
A person who, through education or experience, has skills or knowledge of a subject which allows them to testify before the court.
Exploration of placement (EOP)
An order by the court to the probation department in a juvenile delinquency or PINS case to find a place to keep a child before a final decision.
Expulsion
To force out.
Expunge
1. To remove or erase. 2. The authorized act of removing and destroying information in files, computers, and other places where they may be held. 3. In New York, some marijuana possession convictions can be expunged.
Extra judicial surrender
A document where a parent gives up his or her right to a child in writing in front of witnesses and in an authorized agency, not the court.
Extradition
Taking a person in custody from one jurisdiction to another.
Fact-finding hearing
A hearing where it will be decided if the charges are proven (true). In a Family Court fact finding hearing information or evidence is presented to show that a child has been abused or neglected.
False arrest
An arrest that is made with no legal authority.
Family Court
The Family Court hears matters involving children and families including:
adoption; guardianship; foster care approval and review; juvenile delinquency; family violence; child abuse and neglect; child support, custody, and visitation.
Family Court Legal Services
Office in the Administration of Children Services that gives legal services for cases brought by the Commissioner of Social Services.
Family offense (O Petition)
A proceeding in the family court saying that a person has been hurt, threatened, harassed or stalked by someone who is related to them by blood or marriage (or former marriage), or are in an intimate partner relationship or who have a child together.
Family Treatment Court (FTC)
A special program to help respondents and their children get back together and stay together. This program is for people who have a neglect case against them with alcohol or substance abuse claims.
Family tree
A chart showing family relationships, like grandfather, father, mother, cousins, etc.