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Abatement |
A suspension of
the court proceedings. |
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Administrative Ad
Litem |
A person
appointed by the Judiciary to handle the affairs
of a person for the purposes of the suit. |
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Administrative
Order |
An order by the
chief judge governing a
function of the Court. |
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AFF |
Affidavit |
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Affiant |
A person making
an affidavit. |
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Affidavit |
A written
statement of facts either notarized or witnessed
by the clerk. |
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Affirmative
Defenses |
The offering of
new evidence in an attempt to avoid or mitigate
judgment. |
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Affirmed |
When the
appellate judge agrees with the original
decision of the lower court judge |
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A/K/A |
Also known as |
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Alias |
The second attempt of service of summons or
other process. |
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Amend |
To change a
complaint, motion, order, etc. that has already
been filed. |
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Answer |
A party's
response to a complaint. |
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Answer Sheet |
The form on which
the defendant may file his response and/or
request for continuance, counterclaim, etc. |
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Appeal |
When a party
dissatisfied with a judge's decision appeals to
a higher court to reverse the decision. |
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Appellant |
The party filing
the appeal. |
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Appellate Record |
The portion of
the law suit sent to an appeal court for review
of a decision. |
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Appellee |
The party against
whom the appeal is filed. |
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A/S/O/ |
As subrogee of |
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Attachment, Writ
of |
A writ
instructing the sheriff to seize property and
bring it into the custody of the court. |
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Body Attachment,
Writ |
A writ commanding
the sheriff to bring before the court a person
guilty of contempt of court. |
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Bond Estreature |
An order signed
by a criminal judge directing the forfeiture of
money posted as bail |
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BSO |
Broward Sheriff's
Office |
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Caption |
The title of a
pleading |
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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. |
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Civil Cover Sheet |
A sheet filed
showing the case style, case type, attorney for
plaintiff and attorney bar number, address and
phone number. |
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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). |
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Clerk's
Satisfaction |
The form prepared
when a judgment debtor pays the judgment to the
court. |
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Clerk's Minutes |
The compilation
by the Court Clerk of the events occurring in a
trial. |
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Complaint |
The pleading
filed in Circuit Civil cases where the
plaintiff explains why the suit is being filed. |
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Consolidation |
The joining of
two or more cases that pertain to the same cause
of action. |
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Counterclaim |
A claim presented
by the defendant against the
plaintiff. |
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Court Registry |
An office in the
Circuit Court that holds and disburses monies
posted. |
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Cross-Claim |
A claim brought
by a defendant against another defendant in the
same action. |
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D/B/A/ |
Doing business as |
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Damages |
A request from a
party to a suit asking for money (exclusive of
interest, costs and attorney fees). |
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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. |
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Default |
When a party
fails to respond or fails to appear. |
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Defendant |
The party against
whom the suit was filed. |
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Deposition |
A recording of
testimony of a witness or of a party to a law
suit. |
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Distress for Rent |
Taking personal
property of a wrong-doer, as in a non-payment of
rent case. |
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Distress Writ |
A writ
instructing the sheriff to take possession of
the defendant's property and turn it over to the
plaintiff. |
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DMG |
Damage |
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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. |
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DOM |
Dissolution of
marriage |
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Eminent Domain |
A lawsuit filed
by a state agency, political subdivision or
public service corporation to take private
property for public use. |
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Et Al |
And all others |
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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. |
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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). |
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Ex Parte |
A motion made by
a party without notice to the opposing party. |
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Extradition |
A case filed,
usually by the State Attorney's Office, in which
another state wants this state to surrender a
criminal for prosecution. |
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F/D/B/A |
Formerly doing
business as |
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Fictitious Name |
The name of a
business given by the owner or owners when the
business is not incorporated. |
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F/K/A |
Formerly known as |
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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. |
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Forfeiture |
The loss of lands
and goods to the State as the consequence of a
crime. |
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Forthwith |
Immediately |
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F/U/B/O/ |
For the use and
benefit of |
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Garnishee |
The entity upon
whom a writ of garnishment is served (i.e. the
defendant's bank or employer). |
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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. |
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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. |
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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. |
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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. |
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Habeas Corpus |
A procedure for
obtaining a judicial determination of the
legality of an individual's custody, i.e. child
custody and deportations. |
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Index |
A listing and
cross-referencing of plaintiffs, defendants and
case numbers. |
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Indigent |
A party who is
financially unable to pay case filing fees.
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Interpleader |
A listing and
cross-referencing of plaintiffs, defendants and
case numbers. |
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Interlocutory
Order |
An order which
decides not the cause, but
only settles some intervening matter relating to
it. |
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Judgment |
The final court
order that determines which parties are awarded
which monies.
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JA |
Judicial
assistant |
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Jurisdiction |
The power of the
court to administer justice in a particular
case. |
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Ledger Card |
The detailed
record of all funds deposited and disbursed on a
particular case. |
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Lis Pendens |
A suit pending |
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Litigant |
One of the
parties in a law suit |
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Mandamus |
A court order to
a public official commanding him to perform an
official duty. |
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Mandate |
A command, order
or direction, written or oral, which the court
is authorized to give and the person
is bound to obey. |
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Memorandum at Law |
A written
instrument concerning facts and the applicable
law relating to those facts or arguments. |
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Microfilm |
Rolls of film on
which old court records are stored. |
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Microfiche |
Film slides on
which Circuit Civil stores their old case index.
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N/K/A/ |
Now Known as |
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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. |
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Order to Show
Cause |
An order
directing a party to appear and show why some
action should not be taken against him.
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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." |
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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. |
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Petition |
Application to
the court in writing (sometimes used instead of
a complaint). |
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Plaintiff |
The party filing
the suit. |
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Pleading |
A document filed
in a suit and made part of the docket.
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Pluries |
The third and any
further attempts at service of process.
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Possession, Writ
of |
A writ
instructing the sheriff to take possession of
property and return it to the plaintiff. |
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Pro Se |
Representing
oneself without legal counsel. |
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Quash |
To overthrow,
annul, make void |
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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 |
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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. |
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Recusal |
When a judge
disqualifies himself from the cause by reason of
interest or prejudice. |
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Redemption |
To purchase back;
to regain possession by payment of a stipulated
price; repurchase. |
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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. |
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Replevin |
A suit which asks
for possession of personal property. |
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Replevin, Writ of |
A writ
instructing the sheriff to take possession of
personal property and return it to the
plaintiff. |
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Rule to Show Case |
See Order to Show
Cause |
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SED |
Support
Enforcement Division |
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Separate
Maintenance |
An allowance made
to a woman by her husband on their agreement to
live separately. |
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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. |
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Stipulation for
Settlement |
When the parties
agree to a settlement prior to judgment. |
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Style |
The names of the
parties involved in a suit. |
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Subrogation |
Putting a third
person who has paid a debt in the place of the
creditor to whom he has paid it. |
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Subrogee |
A person who is
subrogated; one who succeeds to the rights of
another by subrogation. |
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Subpoena |
A paper issued by
the clerk instructing someone to appear and/or
furnish documents. |
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Subpoena Duces
Tecum |
A subpoena that
directs someone to furnish documents |
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Summary Judgment |
A pre-verdict
judgment rendered by the Court due to absence of
a factual dispute on an issue. |
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Summons |
A pleading issued
by the clerk that advises a defendant a suit has
been filed and they must answer and/or appear.
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Supersedeas Bond |
When a party
against whom a judgment has been entered posts a
bond which prevents the enforcement of that
judgment. |
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Supplemental
Proceedings |
A procedure in
which the prevailing party can bring the losing
party back to court in order to discover their
assets. |
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Surety Bond |
A non-cash bond
which assures that the party posting the bond is
liable for the dollar amount. |
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T/A |
Trading as |
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Third Party
Complaint |
When a defendant
in a case files a complaint against a
party that is not yet named in the suit. |
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True Copy |
A copy of an
original pleading that has either been xeroxed
or verified and then stamped with the "True
Copy" stamp. |
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Twenty Day
Summons |
A summons issued
in Civil cases instructing the defendant to
respond within 20 days. |
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Unlawful Detainer |
The act of
holding possession without right, such
as a tenant whose lease has run out. |
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URESA |
Uniform
Reciprocal Establishment or Support Act |
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Venue |
County location
of a trial. |
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Verified
Certified Copy |
A copy furnished
to the clerk for certification (which the clerk
must compare to the original before certifying). |
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With Prejudice |
When a final
order is with prejudice, the cause of action may
not be re-filed. |
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Without Prejudice |
When a final
order is without prejudice, the cause of action
may be re-filed. |
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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. |