Legal Definitions
Transcript of video:
Hello, my name is Judge David LeFrancois, I'm a judge in the state's circuit court. I often sit in the Brentwood and Candia courts, but you may see me from time to time in other courts as well. I am going to explain some words that are used in the courts which may not be familiar to everyone. We want you to become familiar with these terms and to understand them so that you will be better able to understand court procedures and will be better prepared to participate in your case.
Here is the list of the terms I will define for you. Plaintiff or petitioner. Defendant or respondent. Nol pros. Continuance. Motion. Objection. Pleading. Appearance. Docket. Evidence. Ex parte. Offers of proof. Civil case. Criminal case.
Plaintiff or petitioner. This is the person or party who files the case in court by filing a document in the court called a complaint or petition asking the court to decide the issues that are being presented for resolution.
Defendant or respondent. This is the person or party who is being sued in a civil case. In a criminal case or motor vehicle case, the defendant is the person that is being charged with a crime or a motor vehicle violation.
Nol pros. This is a Latin term, which is a formal statement of the prosecutor indicating that a criminal charge or a motor vehicle charge will not be prosecuted. When a case is nol pros'd, the defendant is no longer charged with the offense, the case is dismissed and there is no conviction on that charge.
Continuance. This term simply means postponement of a hearing or trial. If a party cannot attend a hearing for some reason, they will be required to file a motion to continue. And if granted, the court will reschedule the case. When the court schedules a hearing in a case, the clerk's office sends all of the people involved in the case a hearing notice to tell everyone the date, the time and the location of the hearing.
If a person or party cannot attend on that date or at that time, the party may file a written request with the court asking that the case be continued to a different date or time. When a case is continued, it is rescheduled to another date and all of the parties to the case are notified.
Motion. A request made to the judge to do something in an existing case is called a motion. Motions are typically made in writing and are filed with the court.
Sometimes motions are made verbally when the people involved in the case are in the courtroom. But most motions are made in writing. When the court receives a written motion from one of the parties to the case, the motion is held for 10 days to allow the other people or parties involved in the case to respond. If the other people or parties involved in the case respond within ten days, the judge will consider all of the responses and may schedule a hearing at which the parties or their lawyers will be asked to explain their request or objection in person before the judge makes a decision.
Objection. When a person involved in a court case, a party to the case, does not agree with a request, a motion made to the court, an objection to the motion can be filed with the court. The objection must be filed on time. Typically within 10 days of the date, the motion was received by the court. The objection needs to tell the court the reasons for the objection. If the objection is filed on time, the judge will consider it before deciding whether to grant or deny a motion.
Objections can also be made verbally in the courtroom during court hearings when a party believes that the evidence being presented to the judge is not permitted by court rules.
Pleading, this is a word used to refer to any document filed with the court asking that the court do something. For instance, a motion filed with the court is a pleading and an objection filed with the court is a pleading.
Appearance. This simply means that the party or the party's lawyer has been notified of the case and is advising the court and the other parties that he or she intends to contest the case and want to receive all the notices concerning the case and have the opportunity to respond to any pleading made.
Docket, this is simply the list of cases heard by the court on a day.
Evidence. When a case is filed in court, the judge or jury has to decide it based upon evidence, which are facts, documents or other things presented in court through the sworn testimony of a witness to support or oppose a claim. The decision whether to consider any evidence is made by the judge. If the judge decides the evidence is not admissible, it cannot be considered when the judge makes his or her decision in the case.
Ex parte. This is a Latin term, it refers to a request made to the court by one person involved in a case without the other people in the case being notified or given an opportunity to respond. These types of requests are very unusual because normally court rules require that when a request, called a motion or a petition is made to the court, the person filing the request must send a copy of the request to the other people involved in the case in order to give them an opportunity to respond before the judge makes the decision.
Ex parte requests should only be filed in emergency situations when it is likely, for example, that someone will be seriously harmed if the court waits for a response from the other people involved in the case before making a decision. If the judge grants an ex parte request, it will be granted on a temporary basis to give the other party a chance to respond, so the decision can be reviewed to determine whether it should remain in place.
Offers of proof. An offer of proof is a summary of what a witness would say if sworn to tell the truth at a court hearing. Normally, testimony is given in court under oath, but sometimes to save time, the judge will ask the lawyer or a self represented person to give an offer of proof, summarizing what the witness would say.
A civil case is one that involves rights and obligations among the parties, which are established by agreement, such as a contract or by law or by accepted standards of conduct. A civil claim is one where the plaintiff claims the defendant did not do what he or she was obligated to do and that the defendant's failure to do so caused the plaintiff harm.
If you were to claim someone failed to abide by the terms of a contractual agreement and that this caused, you harm this would be a civil case. Also, if you are involved in an automobile accident and you claim that the other party is at fault and caused you damage, this is a civil case. Civil cases typically involve a claim of money damages. Civil cases are different from criminal cases because in civil cases, no one goes to jail and there is no finding of criminal misconduct.
In a civil case, the plaintiff must prove that to the court by a preponderance of the evidence, that it is more likely than not that the defendant is at fault. The degree of proof needed to prove a criminal case is higher than in a civil case.
A criminal case is one where the government, through a prosecutor, claims that a person has broken a criminal law. If the prosecutor proves that the defendant broke the law, the defendant can be sentenced to serve time in jail or prison and can be fined, ordered to perform community service, pay restitution, and can be placed on probation and required to report to a probation officer for a period of time when a criminal charge could result in jail or prison time, the defendant has a right to be represented by an attorney from the very beginning of the case, and if he or she cannot afford an attorney, one will be appointed for them. In criminal cases, the defendant is presumed to be innocent. The prosecutor must prove each element of the crime beyond a reasonable doubt in order to get a conviction. The defendant does not need to present any evidence at all. The entire burden of proof is on the prosecutor.
If the prosecutor fails to prove any element of the crime beyond a reasonable doubt. The court must find the defendant not guilty. I hope that these definitions are helpful and that you now have a better understanding of what these legal terms mean. If you have the time, I encourage you to attend a court hearing in a case similar to yours before you have to go to court. Feel free to call the court's information center at 1-855-212-1234 to find out when hearings are set for courts in your area before the one you are scheduled to attend.
Most hearings are public. You are welcome to go and watch hearings to become more familiar with how yours might go. If you have any other questions about these definitions, please call the court's information center. Same number 1-855-212-1234. You can get further information. Thank you for your time.
