Term
The person who swears to an affidavit or statement |
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| 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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| A court approved method of delivering a court document to an uncooperative defendant |
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| 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 alligations 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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| 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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| 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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| A writ similar to an arrest warrant; a judicial writ commanding a peace officer to take a person into custody to aswer specific charges |
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| Official process by which a plaintiff gives a defendant notice of suit. The purpose is to give the court jurisdiction over the parites, to satisfy due process requirements, and to provide the defendant the opportunity to appear and defend himself |
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| An affidavit or sworn statement made before the court which charges the commision of an offense within the jurisdiction of the court |
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| 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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| A judgment entered by the court upon the failure of a party to plead or appear at the appointed time |
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| Presistent 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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A writ issued by a court of competent jurisdiction, commanding an officer to collect the judgement amount and costs or to levy upon the non-excempt property of a defendant, in satisfaction of a previous judgment rendered by the issuing court.
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| Property specified by statute, which may not be seized or sold to satisfy an execution or attachment |
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| An order issued by afamily court (disrtict 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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| Provide a summary, speedy, simple, and inexpensive remedy for determination of who is entitled to possession or real property and/or post due rent |
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Forcible Entry and Detainer |
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| 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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| Honesty of intention; sincerity |
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| 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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| Court order that commands anyone having a person in custody or thier control to produce the person at the time and place named in the wirt and to show why that person is being held or under restraint |
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| 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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| 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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| The money amount involved in the 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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| To collect, gather, take up, seize, or execute on monies, real, or personal property under a lawfully issued writ |
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| Being responsible for actual damages, punitive damages, or possible loss |
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| 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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| A written or oral application for a ruling or order from the court |
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| To make an application to a court to rule, order, or take action in a matter |
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| 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 |
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| Any form of affirmation by which a person aggres to be is bound in conscienceto perform an act faithfull and truthfully |
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| 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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| Every direction of a court or judge; a mandate or command |
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| Articles associated with a person, as opposed to real property(land) |
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| 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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| A person who complains or sues in a civil lawsuit and is so named on the record |
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| The answer, which the defendant in a legal proceeding makes to the complaint against the defendant |
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| Oral or written statements made to the court presenting the claims and defenses of the parties |
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| 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; rule which imposes a standard of conduct. |
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| An order issued by a family court(district or county court) to order the protection of a family member or memeber of a household against further family violence |
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| Land and generally whatever is built, growing upon, or affixed to it |
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| Allows a commercial or residential tenant to resume possession of a leased premise after an unlawful lockout |
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| 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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| 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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| 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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| The temporary seizure or setting aside of specific property to which a party to a suit has claim of ownership. The object of "definition" is to allow parties to protect and preserve the property during suit. |
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| The delivery of a writ, notice, injunction, etc., by an authorized person, to a person who is thereby officially notified of some proceeding concering that person |
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| 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 th why they should not be held in contempt for failure to follow previously issued orders |
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| 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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| Delivery of process in a method other than personal service(such as by mail or by publication) |
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| An order to a person to appear in court on a specific date to answer a case filed against the person; it is a mthod by which the court acquires jurisdiction over a party |
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| Issued by a court to a defendant restraining them from doing or prohibiting certain acts. It is date senitive and has a hearing date commanding appearance no more than 14 days from date of issuance. It is enforcable by the court only by a comtempt proceeding |
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Definition
Temporary Restraining Order |
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| A private or cvil 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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| Proceedings in open court during which the ultimate issues in a case are determined, by a fact finder(judge or a judy) |
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| The place where a case is tried |
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| A person whose declaration under oath (or affirmation)is recieved as evidence for any purpose, whether such declarationbe made on oral examination, by deposition, or by affidavit |
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| Allows a landlord who prevails in an eviction suit to regain possession of the premises that were in dispute |
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Definition
| Writ of Possession(Eviction) |
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| 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 poperty to the plaintiff |
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Definition
Writ of Possession(Particular Property) |
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