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Affidavit of Service – A sworn written statement that a person (often a “process server”) successfully served legal documents upon someone else. The court may require a person to file an affidavit of service to prove that a person was successfully served with legal papers. This term is essentially the same as “proof of service”.
Appeal – The process by which a party asks a higher court to review and reverse or modify a lower court's decision.
Appellant -- The party that brings the appeal.
Application – A request, usually made by a party to a case, that a court take a certain action. The term is the same as “motion”. Motions may be in writing or they may be oral. Occasionally courts make their own motion, thereby directing that an action be taken in a case. Motions may be opposed by someone other than the party making the motion.
Arbitration -- Many cases undergo arbitration if they do not settle before it is scheduled. The court schedules the arbitration, which is an informal hearing conducted in a conference room during which all attorneys involved in the case and plaintiff must be present and defendants do not have to be present (unless they are to testify). Arbitrators are neutral attorneys appointed by the court to conduct a hearing regarding the facts and law of the case and to make a decision based on same. At the arbitration, witnesses are generally asked to give testimony regarding the facts of their case. Each party’s attorney generally has an opportunity to cross examine the other party’s witnesses. After any testimony is taken, the arbitrator may permit the attorneys for each party to make legal argument. Based on the testimony provided by the witnesses and the legal arguments made by the parties’ attorneys, the arbitrator shall make a decision for one or more of the parties – someone shall win and someone shall lose. The arbitrator prepares a written decision and provides a copy to each party. The decision is called an “award” regardless of whether anyone is awarded anything whatsoever. If any party is unhappy with the arbitrator’s decision, they have a certain period of time to reject the award by filing a paper seeking a trial on all issues in the case – a “demand for trial de novo”. If the award is properly appealed, the court usually then sets a date for the case to go to trial. If the award is not rejected, the winner may file papers with the court to confirm the arbitration results, which if successful, shall convert the arbitration award into a final judgment.
Associate Justice – Any justice sitting on the Supreme Court other than the Chief Justice of the Supreme Court.
Attorney -- A person admitted to the bar of a court and who is thereby licensed to practice law before that court or who is not a member of the bar but is permitted by the court to represent a party in a case. An attorney may be licensed to practice law in more than one court. This term is the same as “counsel”.
Bench -- The place where the judge is positioned during court proceedings. Sometimes, the term is used to refer to the court as a whole.
Bar – One definition is the location in a courtroom where attorneys argue cases. At one time, cases were literally argued at the bars of taverns. Another definition is the group of attorneys who practice law before a particular court or courts. Often it is used to refer to a group of attorneys that focus on a particular area of law before a court (such as the “Bankruptcy Bar”). Another definition of the term is the prevention of a party from litigating an issue more than once because the issue was already decided. This is called a “procedural bar”.
Bench trial --A nonjury trial – a trial at which the judge decides all factual and legal questions before the court.
Burden of proof – A party’s obligation to prove its case or an issue in the case to the court.
Case at bar – The case which a court is hearing at a particular time.
Case law -- The body of law made up of written court opinions. Case law is made by judges rather than legislatures, who make statutory law. Compare the terms “regulation” and “statute”.
Common law – the body of law that evolves over time as made by judges interpreting the law. The term is also essentially the same as “case law”. Compare the terms “regulation” and “statute”.
Complaint -- A civil action for relief that a party or their attorney files with a court. The party who files the complaint is known as a “plaintiff” or “third party plaintiff”, depending on the type of complaint filed.
Contract case – a dispute between parties involving an oral or written agreement. Contract cases usually involve one party to a contract claiming that another party to the contract breached the contract and thereby caused the first party to sustain damages.
Crossclaim – One defendant’s action against another defendant named to the same complaint. Defendants may file crossclaims against one another.
Crossclaimant – A defendant who brings an action against another defendant (or co-defendant) named to a complaint. The first defendant’s action against a co-defendant is called a “crossclaim”.
Counsel -- A person admitted to the bar of a court and who is thereby licensed to practice law before that court or who is not a member of the bar but is permitted by the court to represent a party in a case. A counsel may be licensed to practice law in more than one court. This term is the same as “attorney”.
Counterclaim -- A lawsuit filed by a defendant whereby the defendant seeks relief against a plaintiff that is suing the defendant.
Chief Justice -- The presiding Justice of the Supreme Court.
Damages – Relief that a party seeks in a court. There are many varieties of damages. The court may or may not award them.
Default – When a party fails to file a written response to a complaint. In New Jersey Special Civil Part, the default is automatically entered by the court. In law division, the default must be requested in writing.
Default judgment -- A judgment entered against a party for failure to file a written response to a complaint. It is only entered after the entry of a default.
Defense attorney -- The name for a lawyer who represents a defendant in any court dispute.
Deposition -- An oral examination of a person who has knowledge regarding the facts of the case. Usually, a party to a case requests in writing that a person’s deposition be taken on a specific date. Depositions normally take place in a conference room with a court reporter present to take down the witness’ testimony. The testimony is later prepared in book form. Accordingly, everything the witness says during the deposition may be used at a later date (for instance, at trial) to contradict conflicting testimony or to prove a specific point important to the case.
Discovery -- A period of fact finding, which occurs after a lawsuit is filed and normally before parties have an arbitration or trial. During discovery, parties to the lawsuit seek information from each other about their claims or defenses and facts that are relevant to the case. The methods of investigation used during discovery include interrogatories, request for production of documents, depositions, examinations and inspections.
Docket – The court’s case list, which should include a record of all documents filed with the court in each court. In practice, it is not uncommon for courts to fail to properly file documents and thus, those documents fail to get listed on the docket, requiring a party to make a request to the court to correct the docket.
Evidence – Information that parties offer to a court to prove or disprove claims. The court may choose to accept evidence, thereby allowing it to be part of the court’s record or it may reject the evidence, preventing it from being made part of the record.
Frivolous Paper or Pleading – A frivolous paper or pleading is one that violates the court rules or a statute. For example, a paper filed with a court may violate the court rules if: (1) it is being presented for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) it presents claims, defenses, and other legal contentions therein are not warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) its factual allegations have no evidentiary support or are unlikely to have evidentiary support; and/or (4) its allegations are unwarranted on the evidence or are not reasonably based on a lack of information or belief. A complaint or answer may violate a statute if the pleading: (1) was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; and/or (2) the party presenting the pleading knew or should have known that the pleading was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law. The court may impose penalties for the filing of frivolous papers or pleadings, including money sanctions.
Hearing -- The name for a variety of court proceedings on a variety of issues. The term includes motions and trials, which are the two most common forms of hearings.
Hung jury -- A jury that is unable to reach a verdict because of disagreement between the jurors on an issue or issues.
Information Subpoena -- Within certain periods of time, judgment creditors can serve judgment debtors with a written request for the judgment debtor to disclose personal financial information (called an information subpoena). The information subpoena consists of a series of written questions that the judgment debtor is asked to answer under oath. When answered truthfully and completely, the answers to the information subpoena may provide the judgment creditor with the information necessary for the judgment creditor to proceed with an execution of goods and chattels (writ of execution) against the judgment debtor’s personal property.
Injury -- A claim of wrong or damage , either to a person’s rights, reputation or property (real or personal) for which the claimant seeks relief or reimbursement.
Interpleader – a party suing two or more persons claiming the same thing or fund and requesting that the court determine between or among the two which is entitled to recover the thing or fund.
Interrogatories – written questions that are normally served upon a party during discovery and that must be answered in a specific time frame.
Judgment -- A decision that is made by the court in a case heard by it. Courts "enter" judgments for and against parties to a case.
Jury -- A group of people who are put under oath to hear evidence to decide a case by providing a verdict. Juries “render” verdicts in trials and the judge either accepts or rejects the jury’s verdict. In most civil cases, juries start with 6 persons and one or more alternates who take the place of any of any of the original jury members who are unable to continue with their duties during a case.
Jury charges – Instructions that a judge provides a jury before the jury decides a case. They are used to explain the legal standards that a jury should apply when making its decision.
Landlord-tenant section – A subpart of the New Jersey Special Civil Part where summary dispossess actions are heard – actions to remove tenants from properties that they are leasing.
Law division, civil part – The division of the Superior Court of New Jersey that hears most civil disputes involving primarily demands for money or certain other kinds of relief.
Lawsuit -- A civil action for relief that a party or their attorney files with a court. A lawsuit can take the form of a “complaint”, “counterclaim” or “third party complaint”.
Litigation – The process by which parties oppose one another in a legal dispute heard by a court.
Motion – A request, usually made by a party to a case, that a court take a certain action. Motions may be in writing or they may be oral. Occasionally courts make their own motion, thereby directing that an action be taken in a case. Motions may be opposed by someone other than the party making the motion. The term is the same as “application”.
Notice to Produce -- Written requests for a party to provide access to or copies of documents or things that is normally served upon a party during discovery and that must be answered in a specific time frame. A “notice to produce” may also be called a “request for production.”
Party -- Someone who is a party to litigation. A party is normally named in a complaint or third party complaint and thereby becomes involved in the case. The party can either a plaintiff, a defendant, a third party defendant or a third party intervenor.
Pleading – a statement made by a party that sets forth their factual and legal claims or that denies those claims.
Process server – a person who is authorized to “serve process” – to serve legal papers – on someone else. To be able to serve papers in a particular case, process servers must have no personal interest in that case.
Mistrial -- A trial that a judge ends before the jury reaches a verdict. There are many different possible reasons for a mistrial.
Opinion – A court’s written opinion explaining its decision in a case.
Petit Jury -- A group of people summoned to court and put under oath to hear evidence and decide a case by providing a verdict.
Plaintiff -- A party that files a complaint, whether it is the initial complaint or a third party complaint.
Pro se – The title given to a person who represents themselves in court.
Proof of service – A sworn written statement that a person (often a “process server”) successfully served legal documents upon someone else. The court may require a person to file an affidavit of service to prove that a person was successfully served with legal papers. This term is essentially the same as “affidavit of service”.
Reconsideration – the process by which a court reconsiders a prior ruling or decision it made, such as where: (1) the Court has expressed its decision based upon a palpably incorrect or irrational basis, or (2) it is obvious that the Court either did not consider or failed to appreciate the significance of probative, competent evidence. If a party wishes to bring new or additional information to the court’s attention which it could not have provided on its first application, the court generally considers the new evidence in the interest of justice and in the exercise of sound discretion.
Regulation – A rule or directive issued by an administrative body that has the force of law. Compare the terms “common law” and “statute”.
Request for admissions – Written requests for a party to admit or deny certain facts at issue in a case and that must be answered in a specific time frame. A party’s failure to properly respond to the request could result in the facts being conclusively proven against the party who were requested to answer the requests.
Request for production – Another name for a “notice to produce”. Written requests for a party to provide access to or copies of documents or things that is normally served upon a party during discovery and that must be answered in a specific time frame.
Settlement – A voluntary agreement between some or all parties to a lawsuit. A settlement can be written or oral and it can take place before, during or even after a trial occurs.
Settlement conference – A meeting either held in a courtroom or more often, in a Judge’s chambers at the courthouse. The attorneys for the parties are present in person or via telephone (if the court permits). The parties themselves may or may not be required to be present or may be required to be available by telephone to provide any necessary authority to settle the case. The Judge attempts to resolve the case by suggesting a possible settlement to both parties as an alternative to a trial. During the settlement conference, none of the parties is required to settle the case and it is possible that none shall even make any settlement offers.
Small claims section -- Small claims is a subpart of New Jersey Special Civil Part where civil disputes involving $3,000 or less or in the case of security deposit claims, $5,000 or less – may be heard. This article does not attempt to discuss small claims disputes.
New Jersey Special Civil Part -- The New Jersey Special Civil Part is a subpart of the New Jersey court system where civil disputes involving a limited amount of money -- $15,000 or less – may be heard.
Statute – A law that a legislature enacts. Statutes may be federal laws (enacted by the United States Congress) or state (enacted by the New Jersey Legislature). Compare the terms “common law” and “regulation”.
Summary judgment -- A judgment entered against a party before trial because there are no material facts in dispute sufficient to permit the case to proceed to trial. Normally, summary judgment motions are made and heard before trial. Such motions are a device to avoid trial by having the court decide the case prior to trial on legal grounds.
Subpoena -- An official notice which is usually served by a process server and which requires someone to appear in court.
Summons – A legal document served on a person that directs a person to respond to a complaint and warning that person of the possible consequences for failing to respond to the complaint.
Testify – When a witness offers testimony in court.
Testimony -- Statements that witnesses make in court.
Third party complaint – a lawsuit filed by someone other than the original plaintiff named in a case. If a defendant has a valid legal or factual reason to include someone else as part in a case, the defendant may file a third party complaint.
Third Party Plaintiff – the party suing a party that was not named to the original complaint. A third party plaintiff joins a new party to a civil action by filing a third party complaint.
Third Party Defendant – a party named as a defendant in a third party complaint.
Tort case – a case involving a wrong or injury that results when someone breaches a legal duty owed to another -- a duty arising from society’s expectations of conduct by people and not from a contract.
Verdict – A court decision issued following a trial. A verdict can either be issued by a jury, if the case is tried by a jury and a verdict is issued based on the jury’s findings or by a judge, if the judge alone is deciding the case, such as in nonjury trials.
Vicinage – Literally “vicinity” or “neighborhood” From Cumberland County to Bergen County, New Jersey’s Superior Courts are divided into 15 administrative districts. Since there are 21 counties in New Jersey, some vicinages include one or more counties, such as vicinage 15, which is comprised of Cumberland, Salem and Gloucester Counties.
Witness – A person that is placed under oath and that testifies in court. A witness may testify on paper (through an affidavit or certification filed with the court) or in person at an arbitration, trial or other type of hearing.
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