![motion to dismiss definition motion to dismiss definition](https://www.pdffiller.com/preview/497/331/497331689/large.png)
Magistrate judge: A federal judge appointed by the judges in a district court who may oversee all aspects of a civil case if the parties consent. Local Rules: Rules that apply to cases brought in a specific court. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. Jurisdiction: The legal authority of a court to hear and decide a certain type of case. Judgment: The final action by the court that ends a case in a district court. Interrogatory: One party’s written question to another party that is asked as part of discovery.
![motion to dismiss definition motion to dismiss definition](https://www.pdffiller.com/preview/11/14/11014590/large.png)
A person wishing to proceed in forma pauperis must complete this district’s “Petition and Affidavit to Proceed Without Prepayment of Fees and/or Costs,” which is available on the court’s website or from the Clerk of Court’s office. In Forma Pauperis (IFP): Latin phrase meaning “as a poor person.” It is used when a party cannot afford to pay the filing fee to start a civil suit and therefore asks the court for permission to proceed “as a poor person” and not require him to pay the fee in advance. The District Court for the Middle District of Alabama is a district court.ĭistrict judge: A federal judge appointed to serve for life by the President and confirmed by the Senate to serve in a district court under Article III of the Constitution.ĭocket: A brief written chronological list of what has happened in a case that is maintained by the Clerk of Court. Examples include a motion to dismiss or a motion for summary judgment.ĭistrict court: The court in the federal system where most actions start. It may also refer to the actual information collected during this process, which may include copies of documents, written answers to questions, or depositions.ĭispositive motion: A motion that, if granted, would end a portion of a case or end an entire case. Generally, this happens in-person, and although similar to testifying in court, this generally takes place in a lawyer’s office.ĭiscovery: The phase of a civil case where each party collects information about the case from the other side. Damages may be compensatory (to compensate for a loss or injury) or punitive (to punish or deter future misconduct).ĭefault judgment: Judgment entered in favor of the plaintiff and against a defendant when the defendant fails to answer or respond to a complaint.ĭefendant: In a civil case, this is the party being sued by the plaintiff.ĭeposition: A part of discovery where a witness or party answers questions under oath.
![motion to dismiss definition motion to dismiss definition](https://bloximages.chicago2.vip.townnews.com/herald-review.com/content/tncms/assets/v3/editorial/8/1d/81dfa977-e4a4-56f2-b1b7-ac5d7bc6b946/5cd357bacc178.preview.jpg)
If even one party does not consent to have a magistrate judge handle the case, the case will be handled by a district judge.ĭamages: Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. If all parties consent, the magistrate judge will handle all aspects of the case, including a jury trial, if necessary. Magistrate Judge: A form on which a party states whether he authorizes a United States Magistrate Judge to be the judge in the case. In this document, the plaintiff outlines his case and states what he would like to happen.Ĭonsent/Refusal to Proceed Before U.S. § 1920.Ĭomplaint: A written statement filed by the plaintiff to begin a lawsuit. It asks for basic information about a case and is used for keeping track of what types of cases are filed in federal court.Ĭosts: Money a court may award to a party who wins a lawsuit for expenses incurred by the winning party during the lawsuit for things such as filing fees, service of a summons or subpoena, court reporters, or witnesses. Additional information can be found at various websites such as or by consulting a legal dictionary.Īffidavit: A written or printed statement made under oath.Īmount in controversy: The amount of money at issue in a case.Īnswer: The document that a defendant files in response to a plaintiff’s complaint.īrief: A written statement submitted to a court that explains a party’s factual and legal arguments in support of a motion.Ĭivil case: A legal action where a plaintiff seeks some sort of relief from a defendant.Ĭivil cover sheet: A form submitted by the plaintiff along with a complaint. Simple definitions of some of the most common terms are below. Courts and lawyers often use terms that have special meanings when used in the legal setting.