The following is intended to be a concise explanation of the most common terminology you may hear from time to time in litigation.
Complaint - The document that starts the litigation and which sets forth the things complained of by one person or entity against the other and which states what relief the complaining party is requesting from the defending party.
Counterclaim (a/k/a Counter-Complaint) - A document filed by its defending party which sets forth the things the defending party is complaining of against the original complaining party and which states what relief the defending party is requesting against the original complaining party.
Answer - The document which responds to the Complaint.
Motion - A written request for relief on some particular basis during the course of litigation.
Discovery - The term used to describe that phase of the litigation process where each party is entitled to request in writing (through the use of interrogatories, requests for production, and requests for admissions) information and evidence pertaining to the case and to question the parties and witnesses under oath via depositions.
Interrogatories - A set of written questions submitted by one party to the other.
Requests for Production of Documents - A set of written requests requiring one party to deliver things or documents which are in their possession or control to the other party.
Requests for Admissions - A set of written statements submitted by one party to the other requesting that the statements be either admitted or denied.
Deposition - A pre-trial discovery tool wherein the parties may question each other and witnesses under oath.
Summons - That document issued by the Court which is served with the Complaint that notifies the defending party that they have been sued. Some summons also notify the defending party of a scheduled hearing date.
Subpoena - That document issued by the Court which commands the production of certain things or documents by a certain date (i.e., subpoena duces tecum) or which commands a person to be present at a certain time and date (i.e., subpoena ad testificandum).
Evidence - Things which tend to prove or disprove allegations set forth in the Complaint. Evidence may take the form of testimony, documents, things, audio recordings, video recordings, etc.
Witness - A person called to testify in Court about the specific facts or specific knowledge which they have regarding the case.
Adverse Witness - A witness who is called to testify as a witness who has facts which tend to support the other party's case or rebuts your case.
Objections - Verbal statements made by one attorney to the Court stating a procedural or legal ground for the introduction of certain evidence.
- Overruled - A judge's ruling that the objection is without merit and is unpersuasive and therefore is not granted.
- Sustained - A judge's ruling that the objection is proper and granted.
Direct Examination - The questioning by an attorney of a witness called by that attorney. These questions must be non-leading (i.e., who, what, when, where, why, how, did) type questions.
Cross-Examination - The questioning by an attorney of a witness who was called by the opposing attorney. These questions can be leading questions (i.e., isn't it true that, etc.).
Hearsay - Statements made by persons not parties to the lawsuit which were made outside of the courtroom which are not admissible into evidence unless they fall within a legally recognized exception.
Trier of Fact - That person or group of persons who will be listening to the evidence and returning a verdict. Depending on the type of case, the trier of fact may be the Judge (as in divorces) or the Jury (as in criminal trials, personal injury trials, etc.).
Jury - A panel of people chosen during jury selection to be the trier of fact. In circuit court cases, the jury panel consists of twelve people, and two alternates. In county court cases, the jury panel consists of six people, and one or two alternates.
Jury Selection - The process at the very beginning of the trial in which the Judge and each party's attorney voir dires the jury venire.
Jury Venire - The entire panel of prospective jurors from which the actual jury is selected.
Voir Dire - The questioning of the jury venire by the Judge and each party's attorney during the jury selection process.
Plaintiff - That person who initiates the lawsuit by filing the complaint.
Defendant - That person who is the responding party (i.e., the party who has been sued) to the Complaint.
Rebuttal - That phase of the trial where the complaining party gets to put on evidence to rebut or contradict the evidence put in by the defending party during their case in chief.
