Amend

If you make a mistake in your legal papers, you can file a second version titled amendment of ----.

Answer

The legal document the Defendant must file after you serve him/her with your lawsuit. Typically they have 28 days to file their answer.

Cause of Action

The legal basis for your lawsuit. See the Cause of Action page for a strategy about how to determine your causes of action.

Complaint

The original documents you filed with the court to start the lawsuit. It have your charges against the Defendant.

Declaration

The legal pleading sheet with formal statements, like a testimony, about a situation before the court. It typically accompanies a motion. The declaration must be signed with an attest statement, which is the equivalent of swearing on the bible in court to tell the truth.

Default Judgment

If the person you sue fails or refuses to file the answer, then they lose the case and it becomes a Default Judgment against them with you as the victor.

Defendant

The person being sued. The person you are accusing of wrong doing and are suing.

Demure/Demurrer

A strategy by the Defendant to file a Demurrer, which is an admission of the allegations of facts in your lawsuit, but shows that even if they are true, they are insufficient to entitle you to relief because your facts do not state a cause of action.

Exhibit

This is your evidence. The original are filed with the court at trial while your opponent gets copies.

Fast Track Rules

A time frame for how quickly a case must move through the system. It means you cannot procrastinate or prolong the case. The courts put a stop to the tactic that was used to wear people down and exhaust their funds.

In Pro Per

A person acting as their own attorney. Some call it Pro Se.

Motion

A request to the trial asking it to make the opposition do something, or asking the court to decide on an issue before it gets to trial. This must have Points and Authorities and a signed Declaration to back it up.

Plaintiff

The person filing the lawsuit / making the charges against the other party. The person seeking relief or action from the court.

Pleadings

The legal documents in the lawsuit like the claims and defenses.

Service

The complaint, motions, and other court documents must be served on all affected parties. It is done by a person not involved in the lawsuit and will not be used as a witness.

Statute

A specific law, such as the statute of limitations. Your causes of action must be based on a statute in the civil code.

Summary Judgment

A motion asking the court to rule on the case in favor of the one filing. SJs are common strategy used by the desperate to prevent the case from going to trial. There are legitimate reasons to use a SJ, but it's often just a "Paper Pro Per's to Exhaustion," so they'll drop the lawsuit.