Glossary
by: Northwest Justice Project
Within the Glossary you will find definitions for many terms found on this web site. The glossary is designed to help people understand those words and phrases specific to the legal field. If you feel there is a word that should be included, please contact us.
For definitions not found on this page, please visit the Law.com Legal Dictionary.
A - B - C - D - E - F - G - H - I - J - L - M - N - O - P - R - S - T - U - V - W
-- A --
Advocate
Someone who speaks on behalf of another, frequently a lawyer or paralegal.
Administrative Law Judge (ALJ)
The person who decides appeals from the decisions of government agencies such as the Department of Social and Health Services.
Affidavit
A written statement made under oath and notarized by a Notary Public. Affidavits are no longer required in Washington. Instead the courts use Declarations (see definition below).
Affidavit of Paternity
An affidavit signed by an unmarried mother and father (and the mother's husband if she is married to someone else) stating who the child's father is.
Amendment
An addition or modification that changes something such as a law, rule or contract.
Appeal
A request to change a decision.
Appearance
Informing the court of your whereabouts, either in person at a Court hearing or in writing by filling out a Notice of Appearance form.
Arbitration
A process where the people in a dispute agree to allow a third person not a judge to decide their disagreement.
Arrears
Money owed but not paid.
Attorney of Record
An attorney who has filed either a Notice of Appearance or any court papers in the case.
-- B --
Bailiff
The person in charge of courtroom procedure and security.
Beneficiary
A person who receives benefits or advantage (for example, money from an insurance policy).
Breach
A failure to carry out an agreement or legal obligation.
-- C --
Calendar
The court's schedule of cases to be heard, also called a Docket.
Caption
The heading of each legal document that contains the name of the court, the names of the parties, the case number, and the name of the document itself.
Case Schedule
A printed schedule issued by the court in some counties showing major dates and deadlines in your case.
Cease and Desist
Stop
Certified Copy
A copy of the document from the court file made by the court clerk that has an official stamp on it. There is usually a charge for a certified copy.
Chambers
The private office of a Judge or Commissioner, where s/he hears motions and signs orders when not holding court.
Clerk of the Court
An officer in the County Clerk's Office who handles clerical matters like keeping records, filing documents and providing certified copies.
Commissioner (Court Commissioner)
This person is similar to a judge but only makes decisions relating to a particular subject matter. Many counties have family law commissioners who decide cases only in family law, such as dissolutions.
Community Property
The property you and your spouse acquired during your marriage. (See Separate Property). This includes wages, pensions and other benefits from employment during your marriage.
Compensation
Something you are owed.
Complaint
The initial request or plea to a court in a civil matter.
Confirm a Hearing or Trial
Notifying the court that you still plan to have the hearing or trial scheduled in your case. The way to confirm your hearing or trial differs from county to county and is not required in all counties. Often a phone call to the court a few days before the hearing or trial is required, but local rules will explain each county's requirements. If notice is required and not given, the hearing or trial may be cancelled.
Conformed Copy
A copy of any court document that has been filed and is stamped with the date filed. If the document is an order, it must have the name of the judge/court commissioner, who signed it written or stamped on the order.
Consideration
Something of value.
Consolidated Emergency Assistance Program (CEAP)
An emergency program that gives cash for necessities.
Contempt of Court
Failure to obey a judge's order.
Contested
A case that is being disputed or litigated.
Continuance
Postponing your court hearing to a later date.
Counterclaim
A claim filed by a defendant against the plaintiff in a civil action.
Court Facilitator
A court employee who can provide forms and help you fill them out but not give legal advice.
Creditor
Someone owed money.
Custodian
The person the children live with most of the time.
-- D --
DCS: Division of Child Support
The state office (part of DSHS) that establishes, enforces and sometimes modifies child support obligations in many cases. DCS used to be called CSD, OSE and SED.
Debtor
Someone who owes money.
Declaration (DCS)
A written statement made to the court that the signer swears is true.
Decree
The final court order in your dissolution. It includes the property division and the arrangements made for the care and support of your children.
Default
Failure to respond to a lawsuit.
Default Order (Order of Default)
An Order that is entered after a party fails to respond to court papers within the designated time.
Defendant
A person being sued in a civil matter.
Deferment
A postponement of a responsibility to a later date.
Department of Social and Health Services (DSHS)
The government agency that runs Washington State's aid and welfare programs.
Dissolution of Marriage
Divorce
Division of Child Support (DCS)
A state agency that helps one parent (or guardian) collect child support from the other parent.
-- E --
Emancipation
The point in time when parental duties of care for a child stop.
Equitable Estoppel
A defense in law that forbids someone (such as DSHS) from collecting money from you because it is not your fault that you owe the money.
Escrow Account
An account where money owed is kept until it is supposed to be paid.
Estate
The property of a deceased person.
Estoppel
A legal bar to allowing something from happening.
Evidence
Information used to prove a point in a court action, including what people say under oath (promising to tell the truth) and documents such as receipts, bank statements, letters, notices or others.
Exempt Property
Property that can not be taken to pay off a debt.
Exhibit
Documents or papers that are attached to legal pleadings. For example, if you want to make an exhibit to the Findings of Fact form, you would attach a piece of white paper, leaving at least a one-inch margin all around, write on it in black ink, and write "Exhibit A" at the bottom. If you have more than one Exhibit, you can letter them (A, B, C) or number them (1, 2, 3). If your case goes to trial, documents, records, and photographs that are introduced into evidence are also called exhibits.
Ex Parte
Asking the Court for an Order without notifying the other party.
-- F --
Filing
Giving court papers to the court clerk to place in the case file.
Forbearance
An agreement not to collect money owed.
Foreclosure
A proceeding by a creditor to take back land.
Forfeiture
The loss of property. Also the procedure by which the seller on a real estate contract takes back the property due to non-payment.
-- G --
Garnishment
An order requiring either a part of ones wages or money in a bank account be given to a creditor.
General Assistance Unemployable (GAU)
A state program for poor people who can not work because of a disability.
Grantee
Someone who gets something.
Grantor
Someone who gives something.
Guardian
A person appointed by a judge to look after the interests and to manage the affairs of a minor or a person who is unable to manage them him/her self.
Guardian Ad Litem
A person appointed by a judge to look after the interests of a minor or an incapacitated person in a court proceeding such as a dissolution or a guardianship.
-- H --
Hearing
Going before a judge or court commissioner to request a court order.
Home State
The state where the parties were living six months before the action is filed. The home state court is generally the court with jurisdiction to make final determinations in a dissolution case.
-- I --
Incapacitated
A person found by a judge to have a mental or physical condition which makes him/her unable to manage his/her own affairs.
Incompetent
A person who, because of a mental or physical disability, is unable to look after his or her own affairs.
Indigent
Poor.
In Forma Pauperis
A Latin term which means you may file your papers in court without paying the filing fee if you cannot afford the fee.
Intestate
Dying without a will. Irretrievably Broken
The basis for getting a divorce. It means that you cannot successfully continue your marriage.
-- J --
Joinder
Both spouses ask the court together to dissolve their marriage, divide the property and make arrangements for the children.
Judgment
The decision of a judge.
Jurisdiction
The authority of a court to hear and decide cases. Jurisdiction is determined by the geographic location of the court and the subject matter of the case.
-- L --
Lien
A claim or charge against property or another asset for the payment of a debt.
-- M --
Maintenance
A fixed amount of money paid from one spouse to another for support of that spouse. This amount is separate from the amount of money paid for support of the children.
Mediation
An attempt to resolve a dispute by having a third disinterested person assist the parties in reaching an agreement.
Modification
A change.
Motion
A request to a court to issue an order.
-- N --
Notary Public
A person who authenticates a signature by determining that the person signing is truly the person of that name.
Note for Motion
A written request to the clerk to schedule your case for a hearing.
Notice of Appearance
A paper filed with the court showing that a party knows of the case and where to send papers filed in the future.
-- O --
Opposing Party
The person or organization you are in conflict with.
Order
A court document signed by a judge or commissioner that gives an order and requires that someone do or not do something.
Order to Show Cause
A court order requiring a person to appear in person at a time set by the court for a hearing.
Overpayment
Money paid to you that you are not entitled to.
-- P --
Parentage
The legal name for a paternity case.
Party
Anyone listed on the court papers as a Petitioner or Respondent. GALs and the State of Washington may also be parties.
Paternity
Fatherhood.
Perjury
Telling a lie under oath.
Petition
The document which starts a case and asks the court for a decree.
Petitioner
The person who first files a legal case. The petitioner in the caption of a form does not change even when motions are filed later by the other party.
Plaintiff
The person who is suing in a civil case.
Pleading
Formal legal documents of the parties giving their respective claims and responses.
Pro Bono
For free.
Pro Se
Acting without the aid of an attorney; representing yourself.
Process
Written notification to appear in court (see Summons)
Proposed Order
A document one party will be asking the judge to sign. It will not yet have the judge's signature on it. Many counties require the parties to file and serve proposed orders with motions or responses to motions to show how that party wants the court to decide the motion. Even where proposed orders are not required, we recommend that you prepare and serve them and deliver copies to the court. A proposed order becomes an order if the judge signs it.
Prosecutor
The lawyer that represents the government.
Protection Order
A special court order to protect a spouse from domestic violence.
-- R --
Revised Code of Washington - RCW
The statutory laws of the state of Washington.
Real Property
Land and any houses or other buildings on it.
Reconsideration
A request that a judge review his or her previous ruling in a case.
Repossession
A right, under contract, to take back property when the debt to pay for the property has not been paid.
Residential Time/Residential Schedule
Visitation and custody. The residential schedule of the Parenting Plan states the time that each parent will spend with the children.
Respondent
The person against whom a legal case was originally filed.
Response
A formal written answer to a petition filed with the court by the respondent.
Restitution
Money one must pay to compensate another for damages.
Restraining Order
A court order to prevent a spouse from doing some act that may harm the other spouse.
Ruling
A decision by the court.
-- S --
Separate Property
Property owned before marriage, obtained during a marriage as a result of a gift or inheritance made specifically to one spouse but not the other, or obtained after separation of the spouses.
Service
Giving court papers to the other party by hand delivering, sending them by certified mail or notifying the other party of the dissolution case through publication of a notice in a newspaper.
Settlement Conference
A formal meeting between the parties to a court case and a neutral third party (such as a judge, retired judge, or attorney not otherwise involved in the case), during which the parties try to settle, or reach an agreement, about all of the legal issues in their case. Some counties require parties to family law cases to have a settlement conference before going to trial. Some counties have programs to provide family law settlement conferences available free of charge.
Statute
A law.
Summons
Notice that a lawsuit has been filed and an explanation of how to respond.
Supplemental Security Income (SSI)
A federal program for poor people who cannot work because of a disability.
-- T --
Temporary Assistance for Needy Families (TANF)
The state welfare program.
Temporary Order
An order entered after a case is filed which is in effect until a final order is entered.
Testator
A person who leaves property through a will.
Time to Respond (or deadline to respond)
The length of time a party has to respond to something filed by another party. The length of time to file a Response to a Summons is 20 to 90 days after service, depending upon the type and location of service. The length of time to respond to motions is usually much shorter.
Trial
The proceeding at which the judge listens to live testimony from parties and witnesses, considers evidence properly introduced, hears argument, and decides the outcome of the case.
-- U --
UCCJA Declaration
A declaration required by the Uniform Child Custody Jurisdiction Act which you must include in the petition. This informs the court where the children of the marriage have lived and with whom.
Unlawful Detainer
The court action used by a landlord to evict a tenant.
-- V --
Vacate (Motion to)
A motion to vacate is a request to the court to withdraw a previous order or judgment it entered.
Venue
The county where the case should be filed, usually the county where you live.
-- W --
Washington Administrative Code (WAC)
The rules that govern Washington State administrative agencies such as the Department of Social and Health Services.
Warranty of Liability
The requirement that a rental unit be clean and safe.
Working Papers
A copy of papers filed with the court that is delivered in advance of the hearing for the judge to review. Local rules differ as to whether working papers are required or, if they are required, when and where they are delivered.
Writ of Restitution
The order of a court to a sheriff to remove a tenant from a rental unit.
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