Term
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Definition
| The person who swears to an affidavit or statement. |
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Term
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Definition
A written or printed statement or declaration of facts, made voluntarily and
sworn to or affirmed by an affiant before a person having authority to administer an oath or
affirmation. |
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Term
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Definition
A sworn statement that a document (such as a summons) has
been delivered or exhibited to a designated person. Also know as a return. |
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Term
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Definition
A citation issued after the original citation usually directed to the
sheriff of another county or directed to the defendant under another name. |
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Term
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Definition
A court approved method of delivering a court document to an
uncooperative defendant. |
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Term
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Definition
A pleading in a civil matter in which one party (defendant) responds to the
claim of another party (plaintiff); in an answer, the defendant will deny the allegations in the
plaintiff’s complaint or agree with the facts but allege new information which should
prevent the plaintiff from recovering on the facts originally presented. |
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Term
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Definition
A request or complaint to a higher court to correct an injustice or error
committed by a lower court; in justice court, the removal of the cause from justice court to
county court for the purpose of obtaining a review and new trial. |
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Term
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Definition
The seizure of persons or property so that they will come under the
custody and control of the court; the process occurs by virtue of a writ, summons or other
judicial order. |
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Term
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Definition
A person who receives personal property from another as a bailment. Black’s
P151 |
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Term
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Definition
A delivery of personal property by one person (the bailor) to another (the
bailer) who holds the property for a certain purpose under an express or implied-in-fact
contract. • Unlike a sale or gift of personal property, a bailment involves a change in
possession but not in title. Black’s P 151 - 152 |
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Term
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Definition
A writ similar to an arrest warrant; a judicial writ commanding a peace
officer to take a person into custody to answer specific charges |
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Term
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Definition
| An article of personal property as distinguished from real property. |
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Term
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Definition
Official process by which a plaintiff gives a defendant notice of suit. The
purpose is to give the court jurisdiction over the parties, to satisfy due process requirements,
and to provide the defendant the opportunity to appear and defend himself. |
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Term
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Definition
An affidavit or sworn statement made before the court which charges the
commission of an offense within the jurisdiction of the court. |
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Term
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Definition
A court whose proceedings are recorded by a court reporter;
justice courts are not courts of record; county and district courts are courts of record. |
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Term
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Definition
A judgment entered by the court upon the failure of a party to
plead or appear at the appointed time. |
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Term
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Definition
Persistent activity, prudence or care; “diligent effort” is that
which is properly expected from a reason and prudent person under the particular
circumstances. |
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Term
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Definition
a writ issued by a court of competent jurisdiction, commanding an officer
to collect the judgment amount and costs or to levy upon the non-exempt property of a
defendant, in satisfaction of a previous judgment rendered by the issuing court. |
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Term
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Definition
Property specified by statute, which may not be seized or sold to
satisfy an execution or attachment. |
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Term
| Ex Parte Protective Order |
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Definition
An order issued by a family court (district or
county court) to prohibit a defendant from certain acts including further family violence, and
requiring the defendant to appear in court on a specified date and time. It may include an
order directing a law enforcement officer to inform a defendant to vacate a premise. |
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Term
| Forcible Entry and Detainer |
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Definition
(Eviction suit) Provide a summary, speedy,
simple, and inexpensive remedy for determination of who is entitled to possession of real
property and/or post due rent. |
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Term
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Definition
One who possesses money or property belonging to a defendant or who
owes a debt to the defendant and the money, property or debt is attached so that it is not paid
to the defendant but held for the benefit of a third party (usually, a plaintiff). |
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Term
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Definition
A statutory proceeding whereby a person's property, money, or credits
of a debtor in possession or under control of or owing by another, called a garnishee, is
applied to debt of the debtor. |
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Term
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Definition
| Honesty of intention; sincerity. |
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Term
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Definition
A person appointed by the court to represent a minor, an
incompetent person or any other person entitled to such protection by law |
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Term
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Definition
(Latin - “You have the body of”) – Court order that commands anyone
having a person in custody or their control to produce the person at the time and place
named in the writ and to show why that person is being held or under restraint. |
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Term
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Definition
A suitor who, on account of poverty, is allowed to sue or defend
without being chargeable with costs; also, an indigent criminal defendant who has a right to
assigned defense counsel. |
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Term
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Definition
Commands the person(s) to whom it is directed to desist or refrain from
the commission or continuance of the act enjoined or to obey and execute such order as the
court has seen proper to issue. |
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Term
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Definition
The money amount involved in the particular case or
dispute by which the jurisdiction of the court to determine the case is measured; part of
“subject matter” jurisdiction. |
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Term
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Definition
To collect, gather, take up, seize, or execute on monies, real, or personal property
under a lawfully issued writ. |
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Term
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Definition
| Being responsible for actual damages, punitive damages or possible loss. |
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Term
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Definition
A civil public officer invested with powers and functions, which may be
judicial, executive, or legislative in nature; a justice of the peace is a magistrate. |
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Term
| MAGISTRATE’S EMERGENCY ORDER FOR EMERGENCY PROTECTION |
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Definition
An order issued for the protection of a victim of an offense involving family violence when
the defendant is arrested. When the defendant appears before the Magistrate the order
maybe requested by the victim, the guardian of the victim, the peace officer, the attorney
representing the state or on the Magistrate own motion. CCP §17.292 |
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Term
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Definition
A claim created by law for the purpose of securing priority of
payment of the value of work performed and materials furnished in erecting or repairing
buildings or improvements on land. |
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Term
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Definition
| A written or oral application for a ruling or order from the court. |
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Term
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Definition
| To make an application to a court to rule, order, or take action in a matter. |
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Term
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Definition
An order, writ, or process. An order or direction, emanating from authority to
an officer, or body of officers, commanding the officer to do some act within the officer’s
powers. An order in writing, sent out by a justice of the peace or other like officer, to bring a
person or record before the issuing authority. Sometimes called a Precept. |
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Term
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Definition
Any form of affirmation by which a person agrees to be is bound in conscience to
perform an act faithfully and truthfully. |
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Term
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Definition
An acknowledgment of an individual acting in the
individual’s official capacity bearing witness to another's signature being affixed to a
document. |
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Term
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Definition
| Every direction of a court or judge; a mandate or command. |
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Term
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Definition
A writ issued by a court of competent jurisdiction, ordering specific
personal or real property to be sold in the same manner as in execution. Exempt property
statues do not apply to property listed within an Order of Sale. Sometimes utilized to sell
property already in possession of an officer, due to the actions of another type of writ. |
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Term
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Definition
Articles associated with a person, as opposed to real property
(land). |
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Term
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Definition
A document filed by the plaintiff with the clerk of the court that outlines the
basis of the complaint (suit) against the defendant and the relief being sought from the court. |
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Term
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Definition
A person who complains or sues in a civil lawsuit and is so named on the
record. |
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Term
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Definition
The answer, which the defendant in a legal proceeding makes to the complaint
against the defendant. |
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Term
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Definition
Oral or written statements made to the court presenting the claims and
defenses of the parties. |
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Term
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Definition
An order or direction coming from a court or other authority to an officer or
body of officers, commanding the officer or officers to do some act within the scope of their
powers; a rule which imposes a standard of conduct |
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Term
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Definition
An order issued by a family court (district or county court) to
order the protection of a family member or member of a household against further family
violence. It is criminally enforceable under Section 25.074 of the Texas Penal Code. |
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Term
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Definition
| Land and generally whatever is built, growing upon, or affixed to it. |
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Term
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Definition
Allows a commercial or residential tenant to resume possession of a leased
premise after an unlawful lockout. |
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Term
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Definition
In reference to a replevin action, to redeliver goods that have been seized by
an officer to the original possessor of them, upon the original possessor’s giving security
conditioned on prosecuting an action to determine the legality of the seizure. |
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Term
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Definition
The endorsement by an officer upon a process stating what, where, when, why,
how, and to whom service and compliance of the commands within the process were made. |
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Term
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Definition
The body of law promulgated by the Texas Supreme
Court to establish the manner and means by which civil cases are determined by the courts. |
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Term
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Definition
The temporary seizure or setting aside of specific property to which
a party to a suit has claim of ownership. The object of Sequestration is to allow parties to
protect and preserve the property during the suit. |
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Term
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Definition
The delivery of a writ, notice, injunction, etc., by an authorized person, to a
person who is thereby officially notified of some proceeding concerning that person. |
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Term
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Definition
An order issued to a party to appear as directed and present to the court
reasons or considerations why a particular order or decree should not be acted upon. Usually
instituted by the plaintiff upon the defendant to show cause as to why they should not be
held in contempt for failure to follow previously issued orders. |
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Term
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Definition
| Process initiated by a party commanding a witness to appear and give testimony, at a specified place and time to testify upon a certain matter |
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Term
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Definition
Delivery of process in a method other than personal service
(such as by mail or by publication). |
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Term
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Definition
An order to a person to appear in court on a specific date to answer a case
filed against the person; it is a method by which the court acquires jurisdiction over a party. |
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Term
| Temporary Restraining Order |
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Definition
Issued by a court to a defendant restraining
them from doing or prohibiting certain acts. It is date sensitive and has a hearing date
commanding appearance no more than 14 days from date of issuance. It is enforceable by
the court only by a contempt proceeding. |
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Term
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Definition
A private or civil wrong or injury, including action for bad faith breach of contract,
for which the court will provide a remedy in the form of an action for damages. |
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Term
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Definition
Proceedings in open court during which the ultimate issues in a case are
determined, by a fact finder (judge or a jury). |
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Term
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Definition
| The place where a case is tried. |
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Term
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Definition
A person whose declaration under oath (or affirmation) is received as evidence
for any purpose, whether such declaration be made on oral examination, by deposition, or
by affidavit. |
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Term
| Writ of Possession (Eviction) |
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Definition
allows a landlord who prevails in an eviction
suit to regain possession of the premises that were in dispute. |
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Term
| Writ of Possession (Particular Property) |
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Definition
When the judgment is for
personal property, and it is shown by the pleadings and evidence and the verdict, if any,
that such property has an especial value to the plaintiff, the court may award a special
writ for the seizure and delivery of such property to the plaintiff. |
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Term
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Definition
(Latin) – At pleasure. • The modern term ad-lib (adj. & Vb.). borrowed from
drama and music, is essentially the same; it means “at the performer’s pleasure,” and allows
the performer discretion in innovating a part impromptu. Black’s P46. For the purposes of
the suit; a guardian ad litem is a person appointed by the court to represent a minor, an
incompetent person or any other person entitled to such protection by law. |
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Term
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Definition
Bring with you. Black’s P 538 Common use is a Subpoena Duces
Tecum to secure records in a criminal case. The term was removed from civil law when the
rules were revised to allow a Subpoena to require an individual appear in court or require
records and other things to be produced in court. Subpoena Duces Tecum is still issued in
criminal law cases. |
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Term
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Definition
| (et alii or et alia) And other persons An
abbreviation for et alii, which literally means “and others.” Black’s P 591.
Commonly used
to include anyone associated the named defendant in reference to the matter before the court |
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Term
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Definition
Done or made at the instance and for the benefit of one party only, and
without notice to, or argument by, any person adversely interested; or argument by, any
person adversely interested; of or relating to court action taken by one party without notice to the other for temporary or emergency relief. Black’s P 616 |
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Term
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Definition
[ex relatione “by or on the relation of”] On the relation or information of. • A
suit ex rel. is typically brought by the government upon the application of a private party
(called a relator) who is interested in the matter. |
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Term
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Definition
| “et sequens” and the following one or ones” Black’s 592 |
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Term
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Definition
(Et Uxor) – And wife. This phrase was formerly common in case names and legal
documents (esp. abstracts of title) involving a husband and wife jointly. It usu. Appears in
its abbreviated form “Et Ux”. Black’s P 593 |
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Term
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Definition
“in the matter of a judicial proceeding” Most often seen family courts with issues
involving children. Generally will indicate the service document is “In Re – Name of the
child” Black’s P. 809 |
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Term
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Definition
“against a thing” Involving or determining the status of a thing, and therefore the
rights of persons generally with respect to that thing. Black’s P 809 |
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Term
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Definition
[“no goods”] A form of return by a sheriff or constable upon an
execution when the judgment debtor has no sizable property within the jurisdiction. Black’s
P 1098 . Note this is a form of return, therefore simply the words Nulla Bona do not make
the return complete. |
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Term
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Definition
(Latin) - For self, on one’s own behalf; in person; one who does not retain a lawyer
but, instead, appears on one’s own behalf in court. |
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Term
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Definition
Sufficient to establish a fact or raise a presumption unless disproved or
rebutted (a prima facie showing) Black’s P1228 |
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