Courts and procedure is the lane that explains how cases actually move. These pages cover the parties, the opening documents, notice requirements, pretrial information exchange, forum disputes, trial formats, resolution paths, and review by a higher court.
- Affirmative Defense as a Reason Liability Should Be Avoided or Reduced
Learn how affirmative defenses let a defendant raise new matter that can defeat or limit a claim.
- Amended Complaint Changing the Original Pleading
An amended complaint is a revised complaint that changes, adds, or corrects allegations, claims, parties, or requested relief.
- Answer as the Defendant's Formal Response to a Complaint
Understand an answer as the pleading where a defendant responds to a civil complaint.
- Appeal in U.S. Courts
An appeal asks a higher court to review a lower court decision for legal error.
- Bench Trial Before a Judge
A bench trial is a trial in which the judge, not a jury, decides the factual and legal issues.
- Case Caption Identifying a Court Filing
A case caption is the heading on a court document that identifies the court, parties, case number, and filing.
- Case Management Order Controlling Litigation Steps
A case management order sets deadlines, procedures, and expectations for moving a lawsuit toward resolution.
- Civil Cover Sheet for Opening a Lawsuit
A civil cover sheet is an administrative court form that summarizes basic case information when a civil lawsuit is filed.
- Clerk of Court as the Court's Records and Filing Office
Learn how the clerk of court manages filings, records, dockets, and administrative case functions.
- Complaint in Civil Litigation
A complaint is the initial pleading that starts a civil lawsuit and states the plaintiff's claims and requested relief.
- Continuance as a Delay or Rescheduling of a Court Event
Understand a continuance as a court-approved delay of a hearing, deadline, or trial date.
- Counterclaim as a Claim Brought Back Against the Plaintiff
Learn how a counterclaim lets a defendant assert its own claim in the same civil case.
- Court Order as a Judge's Direction in a Case
Learn what court orders do and how they differ from motions, judgments, and settlements.
- Crossclaim Between Parties on the Same Side of a Case
Understand crossclaims as claims between co-parties in the same lawsuit.
- Declaration Under Penalty of Perjury as Sworn Written Evidence
A declaration under penalty of perjury is a signed written statement that the signer declares to be true under legal penalty for false statements.
- Default Judgment for Failure to Respond
A default judgment is a judgment entered because a party failed to respond, appear, or defend as required.
- Defendant in Civil and Criminal Cases
A defendant is the party sued or accused against whom a civil claim or criminal charge is brought.
- Deposition in Civil Discovery
A deposition is sworn out-of-court testimony taken before trial as part of discovery.
- Discovery in Civil Litigation
Discovery is the pretrial process in which parties exchange information, documents, and testimony relevant to the case.
- Docket as the Court's Case Record and Schedule
Understand the docket as the court record showing filings, events, deadlines, and rulings in a case.
- Hearing Before a Court or Decision-Maker
A hearing is a formal court or agency proceeding where a judge or decision-maker considers arguments, evidence, requests, or legal issues.
- Injunction as a Court-Ordered Remedy
An injunction is a court order requiring a party to do something or stop doing something.
- Joinder of Claims or Parties in Litigation
Joinder is the procedural process of combining claims or parties in one lawsuit when the rules allow it.
- Judgment in Civil Procedure
A judgment is the court's final decision resolving the parties' rights and obligations in a case or in a distinct stage of it.
- Jury Trial in Civil and Criminal Cases
A jury trial is a trial in which jurors decide factual issues after hearing the evidence and the court's legal instructions.
- Mediation as a Dispute-Resolution Process
Mediation is a structured negotiation process in which a neutral third party helps disputing sides try to reach agreement.
- Motion as a Formal Request for a Court Ruling
Understand a motion as a formal request asking the court to issue an order or ruling.
- Motion to Dismiss in Civil Procedure
A motion to dismiss asks the court to end some or all of a case at an early stage because the claim is legally deficient or the court lacks authority.
- Notice of Appeal Starting Appellate Review
A notice of appeal is the filing that tells the court and other parties that a party is seeking appellate review of a judgment or order.
- Notice of Hearing for a Scheduled Court Date
A notice of hearing informs parties about a scheduled court or agency hearing, including time, place, subject, and procedural requirements.
- Plaintiff in a Civil Case
A plaintiff is the party who starts a civil case by bringing a claim and asking the court for relief.
- Pretrial Conference Before Trial
A pretrial conference is a court meeting before trial used to address trial readiness, settlement, evidence, witnesses, and procedure.
- Proof of Service Showing Documents Were Delivered
Proof of service is a filing or certificate showing that legal papers were delivered or served in the required way.
- Proposed Order Submitted for Court Approval
A proposed order is a draft court order submitted for a judge to review, edit, sign, or reject.
- Remand as Sending a Case Back to a Lower Court or Agency
Learn how remand sends a case back for further proceedings after review.
- Request for Production in Civil Discovery
A request for production is a discovery request asking another party to produce documents, electronically stored information, or tangible items.
- Scheduling Order Setting Litigation Deadlines
A scheduling order is a court order that sets litigation deadlines for discovery, motions, disclosures, conferences, or trial preparation.
- Service of Process in Civil Procedure
Service of process is the legally valid delivery of the summons and complaint to the defendant.
- Settlement of a Legal Dispute
A settlement is an agreement that resolves a legal dispute without requiring the court to decide every issue at trial.
- Standing to Bring a Lawsuit
Standing is the requirement that a party have a sufficient personal stake in a dispute to ask the court for relief.
- Status Conference in Court Case Management
A status conference is a court meeting used to review case progress, deadlines, scheduling, settlement, or procedural issues.
- Statute of Limitations in Civil and Criminal Law
A statute of limitations is the legal time limit for bringing a claim or prosecution.
- Subpoena Duces Tecum for Documents or Things
A subpoena duces tecum requires a person or organization to produce documents, records, or other tangible evidence.
- Subpoena in Litigation and Investigation
A subpoena is a legal command requiring a person to testify, produce documents, or both.
- Summary Judgment in Civil Litigation
Summary judgment asks the court to decide a case without a full trial because there is no genuine dispute of material fact and the law favors one side.
- Summons in Civil Procedure
A summons is the formal notice telling the defendant that a lawsuit has been filed and that a response is required.
- Third-Party Complaint Bringing Another Party Into a Case
A third-party complaint is a pleading used by a defendant to bring another party into a lawsuit for related liability.
- Venue in Civil and Criminal Cases
Venue is the proper or most appropriate geographic location for a legal case to be heard.
- Verdict in Trial Practice
A verdict is the formal decision reached by a jury, or by a judge in some contexts, on the issues submitted for decision.