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Dictionary of Law |
summons :: legal definitionSummons - n. a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server. A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpena, which is an order to a witness to appear. See also: complaint order to show cause service service of process writ and Related Law Terms ↓ Related Law Termsabuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will complainant :: n. a person or entity who begins a lawsuit by fili ... lso: complaint petitioner plaintiff complaint :: n. the first document filed with the court (actual ... g prayer service of process summons concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction corporation :: n. an organization formed with state governmental ... ation public corporation securities count :: n. each separate statement in a complaint which st ... also: cause of action common counts counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder modification :: n. a change in an existing court order or judgment ... terms of child support and custody. motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. return of service :: n. written confirmation under oath by a process se ... ee also: service service of process reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house." summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |