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THE FOLLOWING IS NOT INTENDED TO OFFER A DEFINITIVE LEGAL DEFINITION OF TERMS BUT IS MERELY PROVIDED TO ASSIST WITH GENERAL UNDERSTANDING OF COURT TERMINOLOGY.

Abatement

A suspension of the court proceedings.

 

 

Administrative Ad Litem

A person appointed by the Judiciary to handle the affairs of a person for the purposes of the suit.

 

 

Administrative Order

An order by the chief judge governing a function of the Court.

 

 

AFF

Affidavit

 

 

Affiant

A person making an affidavit.

 

 

Affidavit

A written statement of facts either notarized or witnessed by the clerk.

 

 

Affirmative Defenses

The offering of new evidence in an attempt to avoid or mitigate judgment.

 

 

Affirmed

When the appellate judge agrees with the original decision of the lower court judge

 

 

A/K/A

Also known as

 

 

Alias

The second attempt of service of summons or other process.

 

 

Amend

To change a complaint, motion, order, etc. that has already been filed.

 

 

Answer

A party's response to a complaint.

 

 

Answer Sheet

The form on which the defendant may file his response and/or request for continuance, counterclaim, etc. 

 

 

Appeal

When a party dissatisfied with a judge's decision appeals to a higher court to reverse the decision.

 

 

Appellant

The party filing the appeal.

 

 

Appellate Record

The portion of the law suit sent to an appeal court for review of a decision.

 

 

Appellee

The party against whom the appeal is filed.

 

 

A/S/O/

As subrogee of

 

 

Attachment, Writ of

A writ instructing the sheriff to seize property and bring it into the custody of the court.

 

 

Body Attachment, Writ

A writ commanding the sheriff to bring before the court a person guilty of contempt of court.

 

 

Bond Estreature

An order signed by a criminal judge directing the forfeiture of money posted as bail

 

 

BSO

Broward Sheriff's Office

 

 

Caption

The title of a pleading

 

 

Certified Copy

A copy of a document that has a certification stamp, signature of the clerk and court seal verifying that if is a true and correct copy of the original.

 

 

Civil Cover Sheet

A sheet filed showing the case style, case type, attorney for plaintiff and attorney bar number, address and phone number.

 

 

Clerk's Fee

The fee which the clerk's office charges whenever money is deposited into the court registry account (the fee is 2% of the first $500.00 , and 1% of each subsequent $100.00 of portion thereof).

 

 

Clerk's Satisfaction

The form prepared when a judgment debtor pays the judgment to the court.

 

 

Clerk's Minutes

The compilation by the Court Clerk of the events occurring in a trial.

 

 

Complaint

The pleading filed in Circuit Civil cases where the
plaintiff explains why the suit is being filed.

 

 

Consolidation

The joining of two or more cases that pertain to the same cause of action.

 

 

Counterclaim

A claim presented by the defendant against the
plaintiff.

 

 

Court Registry

An office in the Circuit Court that holds and disburses monies posted.

 

 

Cross-Claim

A claim brought by a defendant against another defendant in the same action.

 

 

D/B/A/

Doing business as

 

 

Damages

A request from a party to a suit asking for money (exclusive of interest, costs and attorney fees).

 

 

Declaratory Judgment

A judgment of the court which establishes the rights of the parties or expresses the opinion of the Court without ordering anything to be done; no executory process follows.

 

 

Default

When a party fails to respond or fails to appear.

 

 

Defendant

The party against whom the suit was filed.

 

 

Deposition

A recording of testimony of a witness or of a party to a law suit.

 

 

Distress for Rent

Taking personal property of a wrong-doer, as in a non-payment of rent case.

 

 

Distress Writ

A writ instructing the sheriff to take possession of the defendant's property and turn it over to the plaintiff.

 

 

DMG

Damage

 

 

Docket

A notation of the filing of each pleading, motion, or other paper and any step taken by the Clerk of Courts in connection with each action, appeal, or other proceeding before the court. Also, hearing calendars are often referred to as dockets.

 

 

DOM

Dissolution of marriage

 

 

Eminent Domain

A lawsuit filed by a state agency, political subdivision or public service corporation to take private property for public use.

 

 

Et Al

And all others

 

 

Execution, Writ of

A writ the sheriff will either just docket and hold, or use to levy on the goods of the party against whom a judgment has been entered.

 

 

Exemplified Copy

A certified copy of a judgment attached to a form signed by a judge verifying the pleading and clerk and signed by the clerk verifying the judge (it is generally used to enforce the judgment in another state).

 

 

Ex Parte

A motion made by a party without notice to the opposing party.

 

 

Extradition

A case filed, usually by the State Attorney's Office, in which another state wants this state to surrender a criminal for prosecution.

 

 

F/D/B/A

Formerly doing business as

 

 

Fictitious Name

The name of a business given by the owner or owners when the business is not incorporated.

 

 

F/K/A

Formerly known as

 

 

Foreign Judgment, Enforcement of

When the prevailing party of a judgment files a certified, recorded copy of that judgment and a certificate of mailing from the recording division in the county in which they wish to enforce judgment.

 

 

Forfeiture

The loss of lands and goods to the State as the consequence of a crime.

 

 

Forthwith

Immediately

 

 

F/U/B/O/

For the use and benefit of

 

 

Garnishee

The entity upon whom a writ of garnishment is served (i.e. the defendant's bank or employer).

 

 

Garnishment

The procedure by which the prevailing party of a judgment attempts to attach all or part of the money assets of the losing party.

 

 

Garnishee Answer Fee

A deposit paid into the Court Registry to be paid to a garnishee's attorney upon demand for responding to the garnishment.

 

 

Garnishment, Writ of

The writ that is served on the garnishee instructing them of the money amount, garnished party and that they have 20 days to respond to the court.

 

 

General Masters

Judicial officers appointed by the Court to hear testimony and make reports which, when approved by the presiding judge, become the decision of the Court.

 

 

Habeas Corpus

A procedure for obtaining a judicial determination of the legality of an individual's custody, i.e. child custody and deportations.

 

 

Index

A listing and cross-referencing of plaintiffs, defendants and case numbers.

 

 

Indigent

A party who is financially unable to pay case filing fees.

 

 

Interpleader

A listing and cross-referencing of plaintiffs, defendants and case numbers.

 

 

Interlocutory Order

An order which decides not the cause, but
only settles some intervening matter relating to it.

 

 

Judgment

The final court order that determines which parties are awarded which monies.
 

 

 

JA

Judicial assistant

 

 

Jurisdiction

The power of the court to administer justice in a particular case.

 

 

Ledger Card

The detailed record of all funds deposited and disbursed on a particular case.

 

 

Lis Pendens

A suit pending

 

 

Litigant

One of the parties in a law suit

 

 

Mandamus

A court order to a public official commanding him to perform an official duty.

 

 

Mandate

A command, order or direction, written or oral, which the court is authorized to give and the person
is bound to obey.

 

 

Memorandum at Law

A written instrument concerning facts and the applicable law relating to those facts or arguments.

 

 

Microfilm

Rolls of film on which old court records are stored.

 

 

Microfiche

Film slides on which Circuit Civil stores their old case index.

 

 

N/K/A/

Now Known as

 

 

Non-Resident Cost Bond

A bond posted by a non-resident plaintiff in order to pay court costs if court costs are adjudged against him.

 

 

Order to Show Cause

An order directing a party to appear and show why some action should not be taken against him.

 

 

Partition

A judicial separation of the respective interests in land
of joint owners or tenants in common thereof; "so that each may take possession of, enjoy and control his separate estates."

 

 

Perpetuate Testimony

A proceeding for taking and preserving the testimony of a witness which otherwise might be lost before a trial in which it is intended to be used.

 

 

Petition

Application to the court in writing (sometimes used instead of a complaint).

 

 

Plaintiff

The party filing the suit.

 

 

Pleading

A document filed in a suit and made part of the docket.

 

 

Pluries

The third and any further attempts at service of process.

 

 

Possession, Writ of

A writ instructing the sheriff to take possession of property and return it to the plaintiff.

 

 

Pro Se

Representing oneself without legal counsel.

 

 

Quash

To overthrow, annul, make void

 

 

Quiet Title

An equitable action to determine all adverse claims to the property in question, to determine the title of a specific piece of property

 

 

Record of Unsatisfied Judgment

A document issued by the clerk and sent to the Bureau of Financial Responsibility on a damage case that was a result of either auto negligence or promissory note.

 

 

Recusal

When a judge disqualifies himself from the cause by reason of interest or prejudice.

 

 

Redemption

To purchase back; to regain possession by payment of a stipulated price; repurchase.

 

 

Remanded

When an appellate judge reverses a decision of a lower court judge and sends it back to the lower court to be reheard by that same judge.

 

 

Replevin

A suit which asks for possession of personal property.

 

 

Replevin, Writ of

A writ instructing the sheriff to take possession of personal property and return it to the plaintiff.

 

 

Rule to Show Case

See Order to Show Cause

 

 

SED

Support Enforcement Division

 

 

Separate Maintenance

An allowance made to a woman by her husband on their agreement to live separately.

 

 

Sequestration

The act of seizing or taking possession of the property of another and holding it until "the profits have paid the demand for which it was taken.

 

 

Stipulation for Settlement

When the parties agree to a settlement prior to judgment.

 

 

Style

The names of the parties involved in a suit.

 

 

Subrogation

Putting a third person who has paid a debt in the place of the creditor to whom he has paid it.

 

 

Subrogee

A person who is subrogated; one who succeeds to the rights of another by subrogation.

 

 

Subpoena

A paper issued by the clerk instructing someone to appear and/or furnish documents.

 

 

Subpoena Duces Tecum

A subpoena that directs someone to furnish documents

 

 

Summary Judgment

A pre-verdict judgment rendered by the Court due to absence of a factual dispute on an issue.

 

 

Summons

A pleading issued by the clerk that advises a defendant a suit has been filed and they must answer and/or appear.

 

 

Supersedeas Bond

When a party against whom a judgment has been entered posts a bond which prevents the enforcement of that judgment.

 

 

Supplemental Proceedings

A procedure in which the prevailing party can bring the losing party back to court in order to discover their assets.

 

 

Surety Bond

A non-cash bond which assures that the party posting the bond is liable for the dollar amount.

 

 

T/A

Trading as

 

 

Third Party Complaint

When a defendant in a case files a complaint against a party that is not yet named in the suit.

 

 

True Copy

A copy of an original pleading that has either been xeroxed or verified and then stamped with the "True Copy" stamp.

 

 

Twenty Day Summons

A summons issued in Civil cases instructing the defendant to respond within 20 days.

 

 

Unlawful Detainer

The act of holding possession without right, such as a tenant whose lease has run out.

 

 

URESA

Uniform Reciprocal Establishment or Support Act

 

 

Venue

County location of a trial.

 

 

Verified Certified Copy

A copy furnished to the clerk for certification (which the clerk must compare to the original before certifying).

 

 

With Prejudice

When a final order is with prejudice, the cause of action may not be re-filed.

 

 

Without Prejudice

When a final order is without prejudice, the cause of action may be re-filed.

 

 

Writ

A paper issued most often by the clerk but sometimes by the judge instructing the sheriff to take an action to enforce a court order.

 

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