a federal tax lien on all real property of the defendant
Additional Defendant
a party joined to an action by a defendant or an additional defendant, who may be liable to the cause of action
Adjudicate
to settle or to determine final by the exercise of judicial authority
Adjudication
the formal giving, pronouncing of a judgment or decree by the court in a case
Administrative Judgment
a judgment that does not include statutes pertaining to law and is strictly administrative in its execution, and may not require further action by either party. In this sense administrative judgments are acts distinguished from such as are judicial, i.e. One who administrates the estate of a deceased person
Ad Sectam Index
(commonly abbreviated to "Ads") an index used in entering and indexing the names of cases, where it is desired that the name of the defendant should come first. Thus, "B ads A" indicates that B is the defendant in an action brought about by A, and the title so written would be an inversion of the more usual form "A v. B."
Affiant
one who makes an affidavit or takes an oath (signs, swears to, or affirms)
Affidavit
a voluntary oath, or declaration on oath, in writing sworn to before a person who had authority to administer oaths
Affirm
to declare that the judgment, decree, or order is valid, right, and must stand as rendered, as in appellate court decisions
Alimony
support, provisions, allowances made to a wife upon a decree in divorce for necessaries or maintenance
Alimony Pendente Lite
allowance at the institution of a suit to pay the expenses of the suit
Allegation
the assertion of a claim, or a statement of what can be proved, averred in a pleading
Amicable
agreed to, or prosecuted with the agreement of all parties, such as Amicable Revival of Judgment
Answer
the response, reply, or defense to a pleading in writing
Appeal
the removal of a cause to a higher court for review and retrial
Appellant
one who takes or files an appeal
Appellee
the opposing party in a appealed case
Appearance
the coming into a court action as a party to a suit, in person or by attorney
Arbitration
the deciding of a civil issue, including all matters in dispute, by a board of three arbitrators
Arbitrator
one member of a board of arbitration deciding civil issues placed before it
Argument List
a calendar of causes for discussion and determination before a court, upon questions of law
Arrears
money unpaid after it is due
Assignable
subject to lawful transfer of interest or property to another person
Assignee
to whom the property or interest is assigned
Assignment
the transfer, as evidenced in writing, of property or interest from one party to another
Assignor
the party who assigns property or interest to another
Attachment
the act or process of taking, apprehending, or seizing persons or property, by virtue of writ, summons, or other judicial order, and bringing the same into the custody of the law. A remedy ancillary to an action by which plaintiff is enabled to acquire a lien upon property or effects of defendant for satisfaction of judgment which plaintiff may obtain; nonetheless it is in all essential respects, a suit
Attorney At Law
one whose profession is to represent litigants in their causes before the courts
Attorney In Fact
one who serves another as an agent in the doing of a particular act or thing, as specified in an instrument called a letter or power of attorney
Aver
to assert a statement as true
Averment
a positive statement of truth or formal allegation in a pleading
Award
to allow; to adjudge as due; to find; a judgment of the arbitrators upon the matters submitted
a statement of particulars, in writing, and formal in arrangement, usually in a divorce action
Bond
any instrument in writing that legally binds a party to do a certain thing; an obligation
Bond Forfeiture
the object of bond in civil cases is either directly or indirectly to secure payment of debt or performance of other civil duties. Forfeiture of that object is the deprivation or destruction of a right as the consequence of the nonperformance of some obligation or condition
Bench Warrant
process issued by the court itself, for the attachment or arrest of a person; either in the case of contempt, or to bring in a witness who does not obey the subpoena
Bifurcation
to divide into two parts or categories; i.e. Bifurcation separates the termination of the marriage from the distribution of property so that the marriage and each party's personal life are not restricted or disadvantaged
Brief
a concise statement of facts
C
Call of a List
the inquiry in open court as to what causes of action on a list are ready for trial, argument or other fixed action
Capias
"That you take." The general name for several species of writs, the common characteristic of which is that they require the officer to take their defendant into custody. They are writs of attachment or arrest; i.e. a judicial writ, a writ of execution, a writ in all respects an execution for collection of a fine. (Now known as Civil Bench Warrant)
Caption
the heading of a legal document, indicating the parties, the court, and the case number of the action or cause
Case
an action, suit, or cause, which includes a statement of facts which furnishes occasion for the exercise of the jurisdiction of a court, in law or equity
Certification
a certification is a declaration by the prothonotary or responsible authority required to perform an act, that the act has been accomplished according to law or that a document is authentic or a record, index, or docket is accurate and/or complete
Certified Copy
a copy made and attested to by the officer entrusted with the custody of the original; that it is a true copy of that original
Certiorari
a writ by which the record of a proceeding in a lower court is removed into a higher court for review or inquiry
Chattel Mortgage
a mortgage of personal property
Civil Action
an action where an issue for trial in a new matter and formed by the facts of the complaint, as an adversary proceeding for declaration, enforcement, or protection of a right, or redress, or prevention of a wrong
Civil Law
a personal action which is instituted to compel payment, or the doing of some other thing which is purely civil. That rule of action which every particular nation, commonwealth, or city has established peculiarly for itself
Claimant
one who demands a thing as a matter of right, or who files a claim as the law requires
Cognovit Actionem
confession of judgment after service of process; instead of entering a plea, acknowledging and confessing that the plaintiff's cause of action is just and right
Cognovit Note
a promissory note which contains a provision authorizing an attorney, agent, or other representative to confess judgment on the instrument and direct entry of such judgment
Complaint
in civil action, the complaint is the first or initiatory pleading on the part of the plaintiff. A cross-complaint may be filed by the defendant named in the complaint
Condemnation
process of taking private property for public use through the power of eminent domain
Condemnee
owner of property taken by condemnation
Condemnor
party taking property by condemnation
Confession of Judgement
a voluntary submission to the jurisdiction of the court, giving by consent, and without the service of process, what could otherwise be obtained by complaint or other formal proceeding
Consolidation of Actions
a direction that one of several pending actions, involving the same facts and issues, shall be tried, the result of the trial to be an adjudication of all the causes; or else that all the actions proceed to trial and judgment as one suit
Consumer Credit Transaction
a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes
Continuance
adjournment, postponement to another term of court
Costs
the expenses of an action recoverable from the losing party; the sums prescribed by law as charges for services enumerated in the fee bill
Counter-Claim
a cross-demand, existing in favor of the defendant
Custody
in the care or possession of, such as a child, a lunatic or money, property
the compensation which the law will award for an injury done
Debtor
one who owes another anything, or is under obligation to pay a sum of money to another
Declaratory Judgment
a judgment which simply declares the rights of the parties or expresses
Decree
the decision, judgment, or sentence of a court of equity
Decree Nisi
a provisional decree; interlocutory judgment; may be made absolute on motion
Default
an omission, neglect, or failure to do something required by law, or by a court administering the law
Default Judgment
a judgment rendered upon an omission by the defendant to take a necessary step in the action within the proper time, for example, a failure to plead, such omission being a default entitling a party to have judgment rendered in his favor, usually, but not invariably, without proof of his claim except as evidence is required to establish damages
Deficiency Judgment
a personal judgment rendered against any person liable for the mortgage debt, in the event of a deficiency on foreclosure for the amount of such deficiency (Real Estate only)
Defendant
one who is called upon in a court to make satisfaction for an injury done or complained of; a person sued or prosecuted; a respondent
Deposition
written testimony of a witness given in the course of a judicial proceeding, at law or in equity
Directed Verdict
a verdict which a jury returns as directed by the court
Direct Index
an index, in the usual or natural course or line, immediately upwards or downwards, that contains references, alphabetically arranged, to the contents of a series or collection of volumes; or an addition to a single volume or set of volumes containing such references to its contents
Discontinuance
the cessation of an action
Dismiss
to send out of court for defect or insufficiency in law
Divorce
the dissolution by law of a marital relation
Docket
a book containing a brief writing or statement of the progress of a case. A Judgment Index or Indices may also be considered a docket
Docketing
the practice of maintaining a formal record, by entering in brief all the important acts done in the conduct of each case, from its inception to its conclusion
an action to recover possession of realty, with damages for the wrongful detention
Eminent Domain
the power to take private property for public use
Equity
an action requiring jurisdiction in cases of right, where a plain, adequate, and complete remedy cannot be had in the courts of law
Election District
a district, division, or precinct established in accordance with the provisions of the Pennsylvania Election Code, within which all qualified electors vote at one polling place
Et Ux
and wife
Et Al
and others
Ex Parte
on behalf of one side
Exception
objection made, usually to an order of court
Exemplification
an official transcript of a record, for use as evidence, or to be used in place of the original
Exhibit
a document or thing to be produces and identified for use as evidence, before a jury, referee, master, or in the course of pleading
Expunge
to obliterate, deface, efface; to do away with, strike out of existence
F
Filing
in general, "File" or "the Files" is used loosely to denote official custody of the court or the place in the offices of a court where the records and papers are kept. In practice, to put upon the files, or deposit in the custody or among the records of a court; to deliver an instrument or other paper to the proper officer for the purpose of being kept on file by the officer in the proper place
Filing Fee
as used in this manual includes Prothonotary's fee as well as all applicable state taxes and surcharges
Foreign Judgment Lien
a lien may be obtained on the basis of a judgment gained in another jurisdiction. This lien would bind the real estate of a Pennsylvania judgment debtor, in favor of the holder of a foreign judgment, giving the right to levy on the land for the satisfaction of the foreign judgment to the exclusion of other adverse interests subsequent to the foreign judgment
G
Garnish
to attach property or a debt due belonging to a defendant
Garnishee
one in whose hands money or goods have been attached
Guardian
a person who legally has the general care and management of a minor/incapacitated person
Guardian Ad Litem
a person appointed by the court to represent a minor/incapacitated person in a specific suit
H
Habeas Corpus
the name given to a variety of writs, having for their object to bring a party before a court or judge
describes permission given to an indigent person to sue without liability for costs
In Personam
against a person
In Re
in regard to, or in the matter of
In Rem
against a thing
Incapacitated Person
an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that the person is partially or totally unable to manage financial resources or to meet the essential requirements for physical health and safety
Indigent
poor, without sufficient means
Injunction
a writ issued to prohibit a person or make a person refrain from doing some particular thing
Interpleader
a third person is made a party to an action against his will by an adverse action
Interrogatory
a series of written questions prepared by counsel for the examination of a party to a suit
Intervention
a person is permitted to become a party to an action when he voluntarily seeks to do so
Issue
the act of issuing, sending forth, emitting, or promulgating; the giving a thing its first inception; as the issue of an order or a writ. Issues also may arise from matters of fact or conclusion of law during a pleading by the parties
J
Judgment
the final consideration and determination by the court of the rights of the parties, as those rights presently exist, upon matters submitted to it in an action or proceeding. The judicial determination or sentence of the court upon a matter within its jurisdiction. The conclusion of the law upon the matters contained in the record or the application of the law to the pleadings and to the facts as they appear from the evidence in the case, and as found by the court or jury, admitted by the parties, or as deemed to exist upon their default in the course on judicial proceedings
Judgment by Confession
judgment entered where the defendant, instead of entering plea, confessed action, or withdrew plea and confessed action. Judgment where the defendant gives the plaintiff a written confession of action by virtue of which the plaintiff enters judgment. The act of a debtor in permitting judgment to be entered against him/her by his/her creditor for a stipulated sum, by warranty of an attorney
Judgment by Consent
a judgment entered by consent of the parties for the purpose of executing a compromise and settlement of an action, in effect, an agreement or contract of the parties acknowledged in court, and ordered to be filed, with the sanction of the court. A consent judgment is a determination by the parties rather than by the court
Judgment by Default
see Default Judgment
Judgment by Operation of Law
a judgment which exists without the need for any ministerial act and which arises out of the existence of facts readily verifiable from the domestic relations section's records. The existence of a valid support order and nonpayment of the order, together, create a judgment
Judgment Creditor
a creditor who has secured a judgment against a debtor for the amount of the debt; a person in whose favor a judgment had been entered which has not been satisfied
Judgment Debtor
a person against whom a judgment has been entered and which has not been satisfied
Judgment Docket
the public record containing reliable information in regard to the existence or lien of judgments
Judgment for Money
a judgment which directs the payment of a sum of money, as distinguished from directing an act to be done or property to be restored or transferred. A judgment for money merely determines the amount due
Judgment Lien
security for the judgment debt. A lien predicted upon the rendition or entry of judgment, the same being the right given the judgment creditor to subject by levy or seizure the property of the judgment debtor to the satisfaction of the judgment
Judgment Note
a promissory note with a power of attorney authorizing entry of judgment by confession, in default of payment
Judgment of Non Pros
a judgment entered when the plaintiff at any stage of the proceedings fails to prosecute the action, or any part of it, for example, a failure to file a complaint, in due time
Judgment on the Pleadings
a judgment rendered on motion in favor of the defendant for failure of the plaintiff to state a good cause of action in the complaint, declaration, or petition; in favor of the plaintiff where the defendant fails to state in the answer a defense sufficient in law to the cause of action alleged by the plaintiff or fails to tender any real issue of facts in the case
Judgment on the Verdict
a judgment rendered on a verdict of a jury as distinguished from a judgment rendered on a decision by the court in a trial without a jury
Judicial Judgment
the official and authentic decision and/or adjudication of a court of law upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination. The term "judgment' is also used to denote the reason which a court gives for its decision; however, the latter is usually referred to as an "opinion"
Jurisdiction
the power of the court over the parties and subject matter in contest and the authority of the court to render the judgment or decree which it makes
Jury
a body of persons sworn to decide a matter of fact in controversy in a court of justice
the instrument conferring power of attorney upon an agent
Letters Rogatory
a request by one court of another court in an independent jurisdiction, that a witness be examined upon interrogatories sent with the request. This process is used between countries as well as states
Lien
the tie that binds property to a debt or claim for its satisfaction
Lis Pendens
a notice filed for the purpose of warning all persons that the title to certain property is in litigation, and that they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights of pending litigation
Litigant
a party of a lawsuit
Litigation
a judicial proceeding
M
Mandamus
a legal proceeding that a prisoner takes against an individual to get back personal property taken from him or if they were treated wrongfully
N
Ne Exeat
a writ which forbids the person to whom it is addressed to leave the country, the state, or the jurisdiction of the court. Available in some cases to keep a defendant within the reach of the court's process, where the ends of justice would be frustrated if he should escape from the jurisdiction. Sometimes a ne exeat writ is issued only to restrain a person from leaving the jurisdiction, and sometimes it is issued against a person who is removing or attempting to remove property beyond the jurisdiction
New Matter
in a pleading, matter not previously alleged
Nisi
a rule or order which is to become absolute unless cause to the contrary be shown
Non Pros Judgment
see Judgment of Non Pros
Notice of Lis Pendens
a notice filed for the purpose of warning all persons that the title to certain property is in litigation and that if they purchase the defendant's claim to the same, they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights of pending litigation
Nunc Pro Tunc
Now for then. Said of a thing done in the present time which is to have the same effect as if it had been done at a time gone by, when it should have been done.
O
Opinion
the statement of reasons advanced by a judge or court in support of a decision rendered
Order
the judgment or conclusion of the court upon any motion or proceeding
P
Per Annum
by the year; yearly
Per Capita
by the head; individually
Per Curiam
by the court
Per Diem
by the day; daily
Per Se
by itself
Peremptory challenge
an absolute challenge to members of a jury based on alleged facts from which, if proven to be true, incapacity to serve is conclusively presumed
Personalty
personal property, as opposed to realty
Petit Jury
a petit jury consists of twelve persons impaneled and sworn, in courts having trial jurisdiction, to try and determine by a true unanimous verdict, any question or issue of fact, in any civil action or proceeding according to law and the evidence as given them in court. Petit is used to distinguish it from grand jury
Petition
a written application to bring before the court a matter in regard to which judicial action is necessary, a suit being inappropriate
Petitioner
the person presenting a petition
Plaintiff
the party in whose favor the suit purports, on the record, to have been instituted
Plead
to carry on a suit or plea; to litigate; to make an allegation of fact in a cause
Pleading
the statement, in logical and legal form, of the facts which constitute the cause of action or the ground of defense
Poundage
a percentage or allowance of a portion of money paid into court, held by the officer for payment to the municipality
Praecipe
a paper containing the particulars for a writ with an instruction to the officer who is to issue it
Prayer
a petition or request that the court grant the relief desired
Prima Facie
a fact presumed to be true unless disproved by some evidence to the contrary. A prima facie case, then, is one which is established by sufficient evidence and can be overthrown only by rebutting evidence presented on the other side. A commonly used term is prima facie evidence
Pro Hac Vice
for this turn
Pro Se
representing oneself
Proceeding
any step taken by a party in the progress of an action
Process
specifically it means the writ, summons mandate, or other process which is used to inform the defendant of the institution of proceedings against him/her and to compel his/her appearance in a civil case
Promissory Note
a plain and direct engagement in writing, to pay a sum certain at the time specified to the person therein named, or to the bearer at large
Protection from Abuse (PFA)
The Protection From Abuse Act is a vanguard civil measure, dealing with problems of wife and child abuse and is designed to protect against abuse not only between family or household members who reside together, but also between unmarried persons living together
Prothonotary
the head clerk, whose principal duty is to make and preserve accurate records of proceedings as prescribed by law; the chief scribe in court
consists of such things as are permanent, fixed, immovable, and cannot be moved from the place in which they subsist
Record
to write or enter in official books for authentic evidence or for reference
Reinstate
to restore to former position with reference to other persons or things
Remand
to return from whence it came; when an order sends a cause back to the original court of jurisdiction
Replevin
legal remedy for any unlawful detention of personalty
Respondent
one who makes or files an answer in a cause
S
Scire Facias
a judicial writ, founded upon some matter of record, such as a judgment or recognizance, and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record or why the record should not be annulled and vacated
Service
the delivery or communication of a pleading, notice, or other paper in a suit to the opposite party, so as to charge that party with the receipt of it, and subject him/her to its legal effect
Specific Performance
the branch of equity jurisprudence that compels a party to perform a contract, specifically
Statement of Objection
the act of a party who categorically objects to some matter or proceeding in the course of a trial, or an argument or reason argued by a party in support of a contention that the matter or proceeding objected to is improper or illegal
Subpoena
a writ requiring a person to appear at a certain time and place, or pay a penalty or undergo punishment
Subpoena Duces Tecum
a subpoena that directs the person to bring something
Summary Judgment
a summary judgment is any proceeding where a controversy is settled. A case disposed of, or trial conducted in a prompt and simple manner, without the aid of a jury, or in other respects out of the regular course of the common law.
Summons
a notice to a defendant that an action has been commenced against him/her, and that he/she is required to answer the complaint, which is either attached to the summons, or will be filed in the proper clerk's office
Supersedeas
the name of a writ containing a command to stay the proceedings at law. A suspension of the power of a trial court to issue an execution of judgment appealed from, or, if writ of execution has issued, it is a prohibition emanating from court of appeal against execution of writ
Support Arrears Judgment
on and after the date it is due, each and every support obligation shall constitute a judgment against the obligor by operation of law, with the full force, effect, and attributes of a judgment of court, including the ability to be enforced, and shall be entitled as a judgment to full faith and credit in this or any other state
Surety
a person bound with a principal for the payment of a sum of money or for the performance of some duty or promise, and who is entitled to be indemnified by someone who ought to have paid or performed if payment or performance is to be enforced against him/her
Swear
to take an oath before an officer employed to administer oaths
T
Terre-Tenant
the person who is in actual possession of a piece of land, as distinguished from the owner, real or alleged; also the owner of the legal, as distinguished from the equitable, estate
Tipstaff
an officer who waits upon a court in session, preserving order, caring for jurors and juries
Transcript
an official copy
Traverse Jury
a petit jury; a trial jury; a jury impaneled to try an action or prosecution, as distinguished from a grand jury
Trial
the examination of the matter of facts in an issue
V
Venire
to come or appear in court
Venue
the proper county for a cause to be tried
Verdict
the findings of a jury
Versus
against
Voir Dire
to speak the truth. Referring to the examination of a prospective juror or witness, to ascertain whether the person possesses the required qualifications, the person having been sworn to make true answers to the questions about to be asked concerning the matter
W
Waiver
the voluntary relinquishment of some right
With Prejudice
the term as applied to judgment of dismissal is as conclusive of rights of parties as if action had been prosecuted to final adjudication adverse to the plaintiff
Without Prejudice
a dismissal "without prejudice" allows a new suit to be brought on the same cause of action
Witness
one who gives evidence in a cause before a court
Writ
process in a civil suit
Writ of Ne Exeat
a writ which forbids the person to whom it is addressed to leave the country, the state, or the jurisdiction of the court. Available in some cases to keep a defendant within the reach of the court's process, where the ends of justice would be frustrated if he should escape from the jurisdiction. Sometimes a ne exeat writ is issued only to restrain a person from leaving the jurisdiction, and sometimes it is issued against a person who is removing or attempting to remove property beyond the jurisdiction
