Many individuals who find themselves involved in a legal matter are confused and intimidated by the numerous terms that begin to fly around. Such terms can be quite intimidating, and make the legal process appear even more complex and menacing to individuals who have had little experience with it. This article is designed to give straightforward, easy-to-understand definitions of some of the terms that laypeople are most likely to encounter as they work their way through the legal system.
Appearance: This is a formal filing the alerts the court that a new party or attorney is signing on to the case. If you are proceeding pro se most court offices will have appearance templates for you to complete. An appearance is generally the first item that is filed on a case.
Arbitration: Arbitration is a private process where the parties in a dispute hand over their case to be decided by a neutral third party (the “arbitrator”).
Attorney conference: Some courts will utilize attorney conferences to gain status updates on a case. Typically, an attorney conference will require only the attendance of the attorneys on record, and the judge will use it as an opportunity to find out where the case stands, and determine next steps.
Continuance: A continuance is a postponement of a hearing, trial, or other court event.
Deposition: Technically, a deposition is a witness’s testimony taken out of court and put in writing. However, when used in regular conversation, the term deposition usually refers to the session at which the collection of the witness’s testimony takes place. Such sessions typically take place at either the office of one of the attorneys on the case, or at a neutral location.
Discovery: Discovery is the process by which one party in a case gathers information from another party concerning the litigation at issue. The trial rules available in Indiana and most other states allow for wide-ranging discovery. While each case is different, discovery requests will often include demands for relevant documents and records, questions about a party’s involvement in a dispute, and requests for witness and exhibit lists.
Guardian ad litem: A guardian ad litem (also known as a “GAL”) is a third party who is brought into a case (usually a custody case) to represent the interests of a child, or an incompetent or incapacitated person. GALs are appointed by the court, but may be requested or proposed by attorneys or parties. The parties to a case may also agree to the use of a GAL. GALs are usually attorneys, although this may not be required.
Initial hearing: An initial hearing could look different from one case to another, depending on the type of case, the court, and the judge hearing the case. Generally, however, an initial hearing will consist of a judge providing a statement of the allegations or charges made, assessing the positions of the respective parties, and laying out a path forward for the case. Initial hearings are usually somewhat brief (under 30 minutes), but can run longer depending on the issues at hand.
Interrogatories: Interrogatories are written questions which are sent to a party in a case in order to elicit key information about the case. Interrogatories are another form of “discovery”, and they are usually served on the opposing party in a case. However, in some situations they may also be sent to third parties who are not directly involved in a case.
Mediation: Mediation is a process where the parties to a case sit down with a neutral, objective third party (the mediator) to try to reach an agreement on their case. Courts often require mediation (or the parties may request it) prior to a final trial. Mediation differs from arbitration, however, in that the mediator is not able to render a final decision as an arbitrator can. If the parties are unable to reach agreement at mediation, then the case moves forward.
Pretrial conference: Similar to the “initial hearing”, pretrial conferences often look different from court to court. In general, though, pretrial conferences are typically short hearings designed to inform the parties of the status of the case, inform the court of any updates or movement within the case, and provide an opportunity for settlement discussions.
Proceeding supplemental: A proceeding supplemental is a “post-judgment” hearing in which a judgment debtor is brought into court to answer as to wages, accounts. This hearing may also be used by a judgment creditor to formal request a garnishment or other type of imposition on the debtor’s assets.
Provisional/preliminary hearing: Preliminary hearings are employed in some cases to make arrangements for the parties in a case while they are awaiting a final hearing or trial. These hearings are often used in family or divorce matters, which can often take months or even years to resolve. Given the long time until resolution, a court may issue “preliminary” or “provisional” orders on things like custody, parenting time, child support, temporary division of property (in the case of divorce), etc. The parties usually have the option of coming to a preliminary agreement on their own to address such issues, but if they do not, the court will hold a hearing to receive testimony and evidence, and will make a ruling on its own.
Public defender: A public defender is an attorney appointed by the court, who serves as defense counsel for an indigent person charged with a crime. Defendants need to qualify as earning below a certain income in order to be granted the assistance of a public defender.
Service of process: This is the process whereby a party who has initiated a case against someone ensures that the defending party receives notice of the case.
Status conference: Status conferences are sometimes used by courts as a general check-in for a case. A status conference might include input from attorneys on where a case stands, discussions about whether a settlement has been reached or is likely to be reached, and the setting of additional dates for the case.
Summons: A summons is a “writ” or a notice from the court, advising a party to a case that they have been charged or sued. The summons will also provide information on what court the case is in, what next steps the receiving party must take, deadlines, etc. Summonses are often served on the receiving party by the sheriff or other court-appointed officer.
Under advisement: Sometimes a judge is in a position to make a judgment on a case immediately after a hearing. This is particularly true in smaller, less-complex cases. However, judges often find that, due to the amount of testimony received, the number of documents entered into evidence, and/or the level of complexity in the case, additional time is needed after a hearing before a final judgment can be entered. In such a case, the judge would be said to take the matter “under advisement”, and a final order will issue once the judge has fully considered the evidence.
NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
