Process Server Glossary

Action – A legal case started in court. It involves one person or group suing another to resolve a dispute. The court decides the outcome based on laws and evidence.

Affiant – A person who swears that a statement is true. They sign a document under oath to confirm its accuracy. This document is often used as evidence in court

Affidavit – A written statement that is sworn to be true. It must be signed in front of an authorized official, like a notary. Affidavits are often used as evidence in legal cases.

Aggravated Assault – A serious attack that causes major harm. It usually involves a weapon or extreme violence. The attacker can face severe legal penalties.

Alternate Service – Delivering legal papers in a way other than in person. This can include mailing them or leaving them with someone else. It is used when direct delivery is not possible.

Assault – A threat or attempt to hurt someone. It does not have to involve physical contact. The victim only needs to believe they are in danger.

Attachment – Taking a person’s property by court order. This happens when someone owes money and refuses to pay. The property can be sold to settle the debt.

Certiorari – A request for a higher court to review a lower court’s decision. If granted, the higher court will examine the case. This helps ensure justice was properly served.

Citation – A legal notice requiring someone to respond to a lawsuit. It informs them about the case and their legal responsibilities. Ignoring a citation can lead to serious consequences.

Civil – A type of legal case that does not involve crimes. Civil cases focus on disputes between people or businesses. They often involve money or property disagreements.

Clerk of Court – An official who manages court records and documents. They handle paperwork and assist with legal processes. Their job ensures that cases are properly organized.

Complaint – The first document filed in a lawsuit. It explains the problem and what the person filing the lawsuit wants. The defendant must respond to avoid a default judgment.

Corporation – A business that is legally separate from its owners. It can sign contracts, own property, and be sued. Owners are usually not personally responsible for the company’s debts.

County – A region within a state that has its own local government. Counties handle services like law enforcement and courts. They are smaller than states but larger than cities.

County Court – A court that handles cases within a county. It deals with small civil and criminal cases. Some county courts also handle family law matters.

Court – A place where legal disputes are resolved. Judges and juries make decisions based on laws. Courts can be local, state, or federal.

Defendant – The person being sued or accused in court. They must respond to the claims against them. If they lose, they may face penalties or obligations.

Discovery – The process of gathering evidence before a trial. Both sides exchange information to prepare their cases. This helps ensure a fair trial.

District Court – A court that handles cases in a specific region. It deals with both civil and criminal cases. District courts have more authority than county courts.

Duces Tecum – A legal order to bring documents to court. It is usually part of a subpoena. The person must provide the requested evidence.

Due Process – The right to fair treatment in the legal system. This includes the right to a lawyer and a fair trial. Due process protects individuals from unfair government actions.

Ex Parte – A legal decision made without notifying the other party. This happens in urgent cases. The other party may later challenge the decision.

Ethics – Rules about what is right and wrong in a profession. Lawyers and judges must follow ethical standards. Violating these rules can result in punishment.

Garnishment – A court order that takes money from someone’s paycheck to pay a debt. It is often used to collect unpaid child support or loans. The employer must send part of the person’s wages to the court.

Habeas Corpus – A legal action to determine if someone is being held illegally. If granted, the person must be brought before a judge. This protects people from wrongful imprisonment.

Injunction – A court order that requires someone to start or stop doing something. It is used to prevent harm or illegal actions. Violating an injunction can lead to penalties.

In Personam – A legal case against a specific person. It is different from cases about property. The court has authority over the person involved.

In Rem – A legal case about property, not a person. It determines ownership or rights over the item. The decision applies to everyone, not just the parties involved.

Interrogatories – Written questions that one party in a lawsuit asks the other. The answers must be truthful and given in writing. This helps gather evidence before trial.

Jurat – A statement that confirms a person swore to the truth of a document. It is signed by an official like a notary. It proves that the statement was made under oath.

Jurisdiction – The legal authority of a court to hear a case. It depends on location and the type of case. A case filed in the wrong court may be dismissed.

Lawsuit – A legal action between two parties in court. One side sues the other for damages or legal rights. The court decides who wins based on evidence.

Misdemeanor – A minor crime, usually punishable by a fine or short jail time. Examples include petty theft and disorderly conduct. Misdemeanors are less serious than felonies.

Moral Turpitude – An act that is dishonest or goes against moral values. It includes fraud, bribery, and other unethical behavior. Convictions for these crimes can affect a person’s reputation and career.

Motion – A formal request asking the court to make a decision. It can be used to request a delay, dismiss a case, or exclude evidence. Judges decide whether to approve or deny motions.

Municipality – A city or town with its own local government. It provides services like police, schools, and public transportation. Municipal governments create local laws and regulations.

Notary Public – An official who verifies signatures and oaths. They ensure that documents are signed correctly. Notaries help prevent fraud in legal transactions.

Oath – A formal promise to tell the truth. It is required before giving testimony in court. Lying under oath is a crime called perjury.

Service of Process – Delivering legal documents to inform someone of a case. This ensures the person knows about their legal obligations. Proper service is necessary for a case to proceed.

Subpoena – A court order requiring someone to testify or provide evidence. Ignoring a subpoena can lead to penalties. It helps ensure important information is presented in court.

Summons – A legal notice that informs someone they are being sued. It tells them when and where to appear in court. Ignoring a summons can result in a default judgment.

Writ – A written order from a court telling someone to do something. It can be used to enforce rights or settle disputes. Failure to follow a writ can lead to penalties.