| Another term for lawsuit or case. |
| Evidence that can properly be introduced at trial for the judge or jury to consider in reaching a decision; the Federal Rules of Evidence govern the admissibility of evidence in federal court. |
| A Court-sponsored program offering methods by which a complaint can be resolved outside of traditional court proceedings. |
| To bring a proceeding to an end, such as a court calendar or trial. |
| A statement of fact written by a witness, which the witness affirms to be true before a notary public. |
| Allegations included in the answer that, under legal rules, defeat all or a portion of the plaintiff’s claim. |
| An assertion of fact in a complaint or other pleading. |
| To alter or change a document that has been filed with the Court, such as a complaint or answer, by filing and serving a revised version of that document. Certain documents cannot be amended without prior approval of the Court. |
| A revised version of the original complaint or answer that has been filed with the Court. |
| The dollar value of how much the plaintiff is asking for in the complaint. |
| The written response to a complaint. An “answer on the merits” challenges the complaint’s factual accuracy. |
| To seek formal review of a district court judgment by the Court of Appeals. |
| A form filed by the plaintiff asking permission to file the complaint without paying the entire filing fee at the start of the case, but instead to pay in installments. The plaintiff must establish an inability to pay the whole fee. |
| A form of alternative dispute resolution, overseen by a judge or arbitrator, in which the parties argue their positions in a trial-like setting that lacks some of the formalities of a full trial. |
| The neutral third party who presides at arbitration, usually an attorney. |
| The sum of money or other relief to which an arbitrator rules the winning party in an arbitration is entitled. |
| A trial in which the judge, rather than the jury, determines the law, the facts, and the verdict of the lawsuit. A bench trial is also known as a “court trial.” |
| Failure to perform a legal obligation. |
| A document filed with the Court arguing for or against a motion. |
| Under legal rules, one party or the other bears responsibility for proving or disproving one or more elements of a claim. What must be proven or disproven is the burden of proof. |
| A formatted heading on the first page of every document filed with the Court, listing the parties, the name of the case, and other identifying information. The specific information that must be included in the caption is explained in Rule 10(a) of the Federal Rules of Civil Procedure. |
| The cover page of the document containing the caption. It is always the first page of any document a party to a lawsuit files with the Court. |
| Another term for lawsuit or action. |
| A file in which the original of every document manually filed with the Court is kept. E-filed documents are generally not placed in the case file. |
| A court proceeding at which the judge, with the help of the parties, sets a schedule for various events in the case. |
| The Court’s written order scheduling certain events in the case. |
| A statement filed by the parties providing information to be discussed at the case management conference. |
| A document showing that a copy of a particular document — for example, notice of motion — has been mailed or otherwise provided to (in other words, “served on”) all of the other parties in the lawsuit. |
| A request by a party that the Court excuse a juror whom they believe to be too biased to be fair and impartial, or unable perform his or her duties as a juror for other reasons. |
| The private offices of an individual judge and the judge’s “chambers staff” — usually an administrative assistant and law clerks. |
| A paper copy of a case document delivered to the Court for the judge’s use. |
| A reference to a law, rule, or case. |
| A statement made in a complaint, in which the plaintiff(s) argue that the defendant(s) violated the law in a specific way; sometimes called a count. |
| An oral statement by each party summarizing the evidence and arguing how the jury (or, in a bench trial, the judge) should decide the case. |
| A legal document in which the plaintiff tells the Court and the defendant how and why the defendant violated the law in a way that has caused harm to the plaintiff. |
| A claim by the defendant against the plaintiff that is based on the same events or transactions as the plaintiff’s claim against the defendant. |
| Acts found by the Court to be committed in willful violation of the Court’s authority or dignity, or to interfere with or obstruct its administration of justice. |
| An extension of time ordered by the Court. |
| Attorney(s); lawyer(s). |
| A term sometimes used instead of claim. |
| A defendant’s complaint against the plaintiff, filed in the plaintiff’s case. |
| A court that hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies. |
| A person specially trained and licensed to record testimony in the courtroom or, in the case of depositions, another location. |
| A Court employee who assists the judge in the courtroom and usually sits at a desk in front of the judge. |
| A trial (also known as a “bench trial”) in which the judge, rather than the jury, determines the law, the facts, and the verdict of the lawsuit. |
| A new claim bringing a new party into the case or asserting a claim against a co-party (by a plaintiff against a co-plaintiff or by a defendant against a co-defendant). |
| The opposing party’s questioning of a witness following direct examination, generally limited to the topics covered during the direct examination. |
| The money that can be recovered in the courts by the plaintiff for the plaintiff’s loss or injury due to the defendant’s violation of the law. |
| The process in which the jury discusses the case in private and makes a decision about the verdict. See also jury deliberations. |
| A Court’s complete review and re-determination the matter before it from the beginning; for example, a referring judge’s de novo review of a magistrate judge’s report and recommendation includes considering the same evidence reviewed by the magistrate judge and reaching an independent conclusion. |
| A written statement signed under penalty of perjury by a person who has personal knowledge that what he or she states is true; declarations may contain only facts and may not contain law or argument. The person who signs a declaration is called a declarant. |
| A defendant’s failure to file an answer or other response within the required amount of time, after being properly served with the complaint. |
| A judgment entered against a defendant who fails to respond to the complaint. |
| The person, company or government agency against whom the plaintiff makes claims in the complaint. |
| The table where the defendant sits, usually the one further from the jury box. |
| The reasons given by the defendant why the plaintiff’s claims should be dismissed. |
| The person who answers the questions in a deposition; a deponent can be any person who may have information about the lawsuit, including one of the other parties to the lawsuit. |
| A question-and-answer session, before trial and outside the courtroom, in which one party to the lawsuit asks another person, who is under oath, questions about the events and issues in the lawsuit. The process of taking a deposition is called deposing. |
| A notice served on the deponent specifying the time and place of the deposition. |
| See subpoena. |
| The process during a trial in which a party calls witnesses to the witness stand and asks them questions. |
| Information that each party must automatically give the other parties in a lawsuit. |
| The formal process by which a party to a lawsuit asks other people to provide information about the events and issues in the case. |
| The joint proposed discovery plan required by Rule 26(a) of the Federal Rules of Civil Procedure, which must include the parties’ views about, and proposals for, how discovery should proceed in the lawsuit. |
| A federal judge who is nominated by the President of the United States and confirmed by the United States Senate to a lifetime appointment. |
| A basis for federal court jurisdiction in lawsuits in which none of the plaintiffs live in the same state as any of the defendants and the amount in controversy exceeds $75,000. |
| The computer file for each case, maintained by the Court, listing the title of every document filed, the date of filing and docketing of each document and other information. |
| Also known as “case systems administrator,” a court staff member who enters documents and case information into the court docket. |
| Also known as “e-filing,” the process of submitting documents to the Court for filing and serving them on other parties electronically through the Internet. The United States Courts use an e-filing system called “Electronic Case Filing” or “ECF.” |
| A court staff member with ECF expertise who helps ECF users with technical problems (by phone or email). |
| An essential component of a legal claim or defense. |
| A formal action taken by the Clerk of Court in response to a plaintiff’s request when a defendant has not responded to a properly served complaint; the Clerk must enter default against the defendant before the plaintiff may file a motion for default judgment. |
| Testimony, documents, recordings, photographs and physical objects that tend to establish the truth of important facts in a case. |
| A motion that is filed without notice to the opposing party. |
| Without notice to the other parties and without their being present (as in a written or telephone communication with the Court). |
| Documents or other materials that are presented as evidence at trial or as attachments to motions or declarations. |
| The disclosures required by Rule 26(a)(2) to the other parties of the identity of, and additional information about, any expert witnesses who will testify at trial. |
| A written report signed by an expert witness that must accompany the expert disclosures for any expert witness; Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure lists what must be included in an expert report. |
| A person who has scientific, technical, or other specialized knowledge that can help the Court or the jury understand the evidence. |
| Federal courts are authorized to hear lawsuits in which at least one of the plaintiff’s claims arises under the Constitution, laws, or treaties of the United States. |
| The procedural rules that apply to every federal district court in the United States. |
| The rules for submitting, considering and admitting evidence in the federal courts. |
| The process by which documents are submitted to the Court and entered into the case docket. |
| The amount of money the Court charges the plaintiff to file a new lawsuit. |
| A statement issued by a judge explaining what facts he or she has found to be true and the legal consequences to be included in the judgment; it concludes a bench trial once all evidence has been submitted and all arguments have been presented. |
| The act of making a false representation of a past or present fact on which another person relies, resulting in injury (usually financial). |
| Having honesty of intention; for example, negotiating in good faith would be to come to the table with an open mind and a sincere desire to reach an agreement. |
| The reason or reasons for requesting action by the Court. |
| A formal proceeding before the judge for the purpose of resolving one or more issues. |
| A statement offered to prove the truth of the matter asserted in the statement. |
| To call into question a witness’s truthfulness or credibility. |
| See application to proceed in forma pauperis. |
| Often shortened to “pro se;”- representing oneself; Latin for “in his or her own person.” |
| The disclosures that the parties are required to serve within 14 days of their initial case management conference. |
| Court orders issued before judgment. |
| Written questions served on another party in the lawsuit, which must be answered (or objected to) in writing and under oath. |
| What the Clerk of Court must do before a summons is valid for service on a defendant. |
| A court-approved form the parties are asked to complete jointly and file before the initial case management conference. |
| A final document issued by the Court stating which party wins on each claim. Unless there are post-judgment motions, the entry of judgment closes the case. |
| See diversity jurisdiction and subject matter jurisdiction. |
| The rows of seats, usually located against a side wall in a courtroom and separated from the well of the courtroom by a divider, where the jury sits during a trial. |
| The process in which the jury, after having heard all the evidence, closing arguments from the parties, and instructions from the judge, meets in private to decide the case. |
| The judge’s directions to the jury about its duties, the law that applies to the lawsuit, and how it should evaluate the evidence. |
| The process by which the individual members of the jury are chosen. |
| A trial in which a jury weighs the evidence and determines what happened; the Court instructs the jury on the law, and the jury applies the law to the facts and determines who wins the lawsuit. |
| A special library containing only legal materials, usually staffed by a specially trained librarian. |
| The stand for holding papers in front of the bench in the courtroom where an attorney or pro se party making arguments on a motion stands and speaks to the judge. |
| The parties to a lawsuit. |
| Specific federal court rules that set forth additional requirements to the Federal Rules of Civil Procedure that only apply to the specific District Court deciding your case. |
| A judicial officer who is appointed by the Court for an 8-year, renewable term and has some, but not all, of the powers of a district judge. A magistrate judge may handle civil cases from start to finish if all parties consent. In non-consent cases, a magistrate judge may hear motions and other pretrial matters assigned by a district judge. |
| A filing of a paper document at the Clerk’s Office instead of by electronic filing/e-fling. |
| A fact that must be proven to establish and element of a claim or defense in the lawsuit. |
| An ADR process in which a trained mediator helps the parties talk through the issues in the case to seek a negotiated resolution of all or part of the dispute. |
| The parties meeting and working together to resolve specific issues under Court rules or a Court order. |
| See physical or mental examination. |
| A formal application to the Court asking for a specific ruling or order (such as dismissal of the plaintiff’s lawsuit). |
| Defendant argues that the complaint is so vague, ambiguous, or confusing that he or she cannot respond to it and asks for additional details. |
| Argues that another trial should be held because of a deficiency in the current trial. |
| Asks the Court to relieve a party of the obligation to respond to a discovery request or grant more time to respond. |
| Asks the Court to grant judgment in favor of the plaintiff because the defendant failed to file an answer to the complaint. If the court grants the motion, the plaintiff wins the case. |
| Argues that the opposing party’s evidence is so legally deficient that no jury could reasonably decide the case in favor of that party. The defendant may bring such a motion after the plaintiff has presented all evidence, and after all the evidence has been presented, either party may bring such a motion; if the Court grants the motion, the case is over. |
| Asks the Court to change a decision it has already made. A party must ask the Court for permission to file such a motion. |
| Asks the Court to consider changing a previous decision; cannot be filed without the permission of the Court. |
| Asks the Court to rule that a judgment or order should not be given effect or should be changed for one of the reasons permitted by Rule 60(b) of the Federal Rules of Civil Procedure. |
| Asks the Court to impose a penalty on a party; for example, in the context of discovery, a motion for sanctions asks the Court to punish a person for failing to make required disclosures, refusing to respond to a discovery request, or refusing to obey a court order to respond to a discovery request. |
| Asks the Court to decide a lawsuit without a trial because the evidence shows that there is no real dispute about the key facts. |
| A motion asking the judge to settle an issue relating to the trial, usually argued shortly before the beginning of trial. |
| After entry of judgment, asks the Court to correct what a party argues is a mistake in the judgment. |
| Asks the Court to order a person to make disclosures, or to respond to a discovery request, or to provide more detailed disclosures or a more detailed response to a discovery request. |
| Asks the Court to deny certain claims in the complaint, due to procedural defects. |
| A motion asking the Court to allow more time to file a brief or comply with a court order; also referred to as a continuance. |
| A defendant against whom default or default judgment has been entered may bring this motion in order to be allowed to appear in the suit and respond to the complaint. |
| Asks the Court to hear a motion on a shorter-than-usual schedule. |
| A motion asking the Court to order certain parts of the complaint or other pleading deleted because they are redundant, immaterial, impertinent, or scandalous. |
| The party who files a motion. |
| An alternative dispute resolution process in which a neutral third party (an arbitrator) gives a decision on the complaint after a hearing at which both parties have an opportunity to be heard; the parties are not required to abide by the decision. |
| Usually used in the context of a motion for summary judgment; any party who is not bringing the motion. |
| A deponent who is not a party to the lawsuit. |
| A person who is not a party to the lawsuit but who has relevant information. |
| An email generated by the ECF system that is sent to every registered attorney, party and watcher associated with a case every time a new document is filed. The NEF contains details about the filing and a hyperlink to the new document. |
| Gives all the information required under Rules 30(b) and 26(g)(1) of the Federal Rules of Civil Procedure and must be served on opposing parties to a lawsuit. |
| A public officer who is authorized by the state or federal government to administer oaths and to attest to the authenticity of signatures. |
| A statement in the first paragraph of a motion telling the other parties what type of motion you have filed and when you have asked the Court to hold a hearing on the motion. |
| The formal means of challenging evidence on the ground that it is not admissible. |
| A judge may decide to render a decision on a motion “on the papers” rather than holding a hearing in the courtroom; in such a case, the judge will vacate the hearing. |
| At the beginning of the trial, after the jury has been selected, if it is a jury trial, the parties have an opportunity to make individual opening statements, in which they can describe the issues in the case and state what they expect to prove during the trial. |
| In the context of motions, the party against whom a motion is filed; more generally, the party on the other side. |
| A filing that consists of a brief, often accompanied by evidence, filed with the court containing facts and legal arguments that explain why the Court should deny the motion. |
| During examination of witnesses at trial, if a party objects to evidence being admitted or a question being asked, the judge may overrule the objection. This means that the evidence will be admitted, or the question may be asked, unless the judge later sustains a different objection. |
| “Public Access to Electronic Court Records” is an internet database where docket information is stored. |
| During jury selection, after all the jurors challenged for cause have been excused, the parties will have an opportunity to request that additional jurors be excused without having to give any reason for the request |
| A false statement made under oath, punishable as a crime. |
| A claim by the defendant against the plaintiff that is not based on the same events or transactions as the plaintiff’s claim against the defendant. |
| If the physical or mental condition of a party (or a person under the custody or legal control of a party) is at issue in a lawsuit, the Court may order that person to have a physical or mental examination by a medical professional such as a physician or psychiatrist; unlike other discovery procedures, physical or mental examinations can be obtained only by filing a motion with the court, or by agreement of the parties. |
| Formal documents that are filed with the court, especially initial filings such as complaints and answers. Pleadings and most other court filings are written on pleading paper, which in this Court is letter-sized paper with the line numbers 1 through 28 running down the left side. |
| The person who filed the complaint and claims to be injured by a violation of the law. |
| In the center of the courtroom, there are two long tables and chairs where the lawyers and parties sit during hearings and trial; the table nearest the jury box is usually the plaintiff’s. |
| The last section of a complaint, in which the plaintiff tells the Court what the plaintiff wants from the lawsuit, such as money damages, an injunction, or other relief. |
| A hearing shortly before trial where the judge discusses the requirements for conducting trial and resolves any final issues that have arisen before trial. |
| The disclosures required by Rule 26(a) (3) of the Federal Rules of Civil Procedure of certain information about evidence that you may present at trial (except for evidence that will be used solely for impeachment). |
| Information that is protected by legal rules from disclosure during discovery and trial. |
| Legal representation by an attorney that is free to the person represented. |
| A Latin term meaning “for oneself.” A pro se litigant is a party without a lawyer handling a case in court. |
| The rules parties must follow for bringing and defending against a lawsuit in court. |
| A person authorized by law to serve the complaint and summons on the defendant. |
| A document attached to each document filed with the court (or filed separately at the same time as the document) in which the filer affirms that he or she has served the document on other parties. |
| A document a party is required by court rules to submit with a filing such as a motion that can serve as the final order if the judge crosses off the word “proposed” and signs at the bottom. |
| A court order limiting discovery, either as to how discovery may be conducted or what can be discovered. |
| After a motion, the Court’s action vacating a subpoena so that it has no legal effect. |
| The final stage of presenting evidence in a trial, presented by the plaintiff. |
| At trial, after defendants have completed examining each of their witnesses, plaintiffs can call additional witnesses solely to counter — or “rebut” — testimony given by the defendants’ witnesses. |
| At trial, after the opposing party has cross-examined a witness, the party who called the witness may ask the witness questions about topics covered during the cross-examination. |
| A federal district judge who refers an issue or motion within a lawsuit to another judge, usually a magistrate judge. |
| A United States magistrate judge assigned to handle an issue, proceeding or motion within a case assigned to a federal district judge. |
| In the context of a civil lawsuit, remedies are actions the Court may take to redress or compensate a violation of rights under the law. |
| A motion arguing that the jury must have made a mistake in its verdict because the evidence was so one-sided that no reasonable jury could have reached that decision. |
| Refers to both the answer to a counterclaim and the response to the opposition to a motion. |
| A document responding to the opposition to a motion. |
| After a federal district judge refers an issue for factual and legal findings by a magistrate judge, the magistrate judge files a report and recommendation containing those findings. |
| A discovery request that a party admit a material fact or element of a claim. |
| The first step for the plaintiff to obtain a default judgment by the Court against a defendant; directed to the Clerk of Court, the request must show that the defendant has been served with the complaint and summons, but has not filed a written response to the complaint in the required time. |
| A discovery request served on a party in order to enter property controlled by that party for the purpose of inspecting, measuring, surveying, photographing, testing or sampling the property or any object on the property relevant to your lawsuit. |
| A common discovery request served by a party seeking documents or other items relevant to the lawsuit from another party. |
| A discovery request served on a party in order to inspect, copy, test, or sample anything relevant to your lawsuit which is in the possession, custody, or control of another party to the lawsuit. |
| A written request that the defendant accept the summons and complaint without formal service. |
| A discovery request served on a party asking that the party admit in writing and under oath the truth of any statement, or to admit the applicability of a law to a set of facts. |
| A Court’s announcing its decision on a motion in the courtroom following the hearing on that motion. |
| A punishment the Court may impose on a party or an attorney for violating the Court’s rules or orders. |
| Documents that do not need any proof of their genuineness beyond the documents themselves, in order for them to be admissible evidence in accord with Rule 902 of the Federal Rules of Evidence. |
| The act of providing a document on a party in accord with the requirements found in Rules 4 and 5 of the Federal Rules of Civil Procedure. |
| The formal delivery of the original complaint in the lawsuit to the defendant in accord with the requirements for service found in Rule 5 of the Federal Rules of Civil Procedure. |
| A proceeding usually held in a magistrate judge’s chambers in which the judge works with the parties toward a negotiated resolution of part or all of the case. |
| A private conference beside the judge’s bench between the judge, and the lawyers (or self-represented parties) to discuss any issue out of the jury’s hearing. |
| A motion first made in the courtroom without motion papers being filed first. |
| An individual judge’s orders setting out rules and procedures, in addition to those found in the Federal Rules of Civil Procedure and the Civil Local Rules, that apply in all cases before that judge. You can find them on the district court judge’s webpage. |
| A party’s written notice that it does not oppose another party’s motion. |
| A list of facts filed in a summary judgment motions with citations to the evidence showing that those facts are true. The statement may be jointly prepared and filed by the parties; separate statements require a prior court order. |
| A hearing the judge may hold during the course of the lawsuit to assess the progress of the case, or address problems the parties are having. |
| A legal time limit by which the plaintiff must file a complaint; after the time limit, the complaint may be dismissed as time barred. |
| A written agreement signed by all the parties to the lawsuit or their attorneys. |
| To order claims or parts of documents “stricken” or deleted so that they cannot be part of the lawsuit or proceeding. |
| A federal court has subject matter jurisdiction only as defined by Congress over cases arising under the Constitution, treaties or laws of the United States and diversity cases in which the parties are from different states and the amount in controversy is greater than $75,000. |
| A document issued by the Court requiring a non-party to appear for a court proceeding or deposition at a specific time and place or to make certain documents available at a specific time and place. |
| A form of subpoena used to require a non-party deponent to bring specified documents to a deposition. |
| Determines whether the facts of each individual lawsuit constitute a violation of the law for which the Court may order a remedy. |
| After a motion, a decision by the Court to enter judgment in favor of one of the parties without a trial, because the evidence shows that there is no real dispute about the material facts. |
| A document from the Court that you must serve on the defendant along with your original complaint to start your lawsuit. |
| To affirm that an objection is correct, and evidence should be excluded. |
| The list of references to law that should be included with every brief usually more than 10 pages long. |
| The Court’s taking time to consider the motion and write an order after hearing arguments on the motion instead of ruling on the motion in the courtroom. |
| The written version of what was said during a court proceeding or deposition as typed by a court reporter or court stenographer. |
| A type of subpoena that requires a witness to appear to testify at trial on a certain date. |
| A fact about which all the parties agree. |
| To set aside a Court order so that the order has no further effect, or to cancel a scheduled hearing or trial. |
| The geographic location where the lawsuit is filed. |
| The jury’s final decision about the issues in the trial. |
| In a jury trial, the form the jury fills out to record the verdict. |
| Part of the jury selection process in which potential jurors are asked questions designed to reveal biases that would interfere with fair and impartial jury service; the judge may ask questions from a list the parties have submitted before trial and may also allow the lawyers (or parties without lawyers) to ask additional questions. |
| A defendant’s written, signed agreement that he or she does not require a document (usually the complaint) to be served on him or her in accordance with the formal service requirements of Rule 5 of the Federal Rules of Civil Procedure. |
| As a final decision on the merits of the claim. If a court dismisses claims in your complaint with prejudice, you may not file another complaint in which you assert those claims again. |
| Without a final decision on the merits which would prevent the claim from being re-filed. Dismissal without prejudice is sometimes also referred to as dismissal “with leave to amend” because you are permitted to file an amended complaint or other document. |
| A person who has personal or expert knowledge of facts relevant to a lawsuit. |
| The seat in which a witness sits when testifying in court, usually located to the side of the bench. |
