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Civil Process Definitions
Galveston College L.E.A.
57
Criminal Justice
Not Applicable
10/12/2016

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Cards

Term

The person who swears to an affidavit or statement

Definition

 

Affiant

Term
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
Definition

 

Affidavit

Term
A court approved method of delivering a court document to an uncooperative defendant
Definition

 

Alternate Service

Term
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
Definition

 

Answer

Term
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
Definition

 

Appeal

Term
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
Definition

 

Attachment

Term
A writ similar to an arrest warrant; a judicial writ commanding a peace officer to take a person into custody to aswer specific charges
Definition

 

Capias

Term
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
Definition

 

Citation

Term
An affidavit or sworn statement made before the court which charges the commision of an offense within the jurisdiction of the court
Definition

 

Complaint

Term
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
Definition
Court of Record
Term
A judgment entered by the court upon the failure of a party to plead or appear at the appointed time
Definition

 

Default Judgment

Term
Presistent activity; prudence or care; "diligent effort" is that which is properly expected from a reason and prudent person under the particular circumstances
Definition

 

Diligent Effort

Term

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.

 

Definition

 

Execution

Term
Property specified by statute, which may not be seized or sold to satisfy an execution or attachment
Definition

 

Non-excempt Property

Term
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.
Definition

 

Ex-part Protective Order

Term
Provide a summary, speedy, simple, and inexpensive remedy for determination of who is entitled to possession or real property and/or post due rent
Definition

 

Forcible Entry and Detainer

Term
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
Definition

 

Garnishment

Term
Honesty of intention; sincerity
Definition

 

Good Faith

Term
A person appointed by the court to represent a minor, an incompetent person or any other person entitled to such protection by law
Definition

 

Guardian Ad Litem

Term
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
Definition

 

Habeus Corpus

Term
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
Definition

 

Indigent/Pauper

Term
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
Definition

 

Injunction

Term
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
Definition

 

Jurisdictional Amount

Term
To collect, gather, take up, seize, or execute on monies, real, or personal property under a lawfully issued writ
Definition

 

Levy

Term
Being responsible for actual damages, punitive damages, or possible loss
Definition

 

Liability

Term
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
Definition

 

Magistrate

Term
A written or oral application for a ruling or order from the court
Definition

 

Motion

Term
To make an application to a court to rule, order, or take action in a matter
Definition

 

Move

Term
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
Definition

 

Precept/Notice

Term
Any form of affirmation by which a person aggres to be is bound in conscienceto perform an act faithfull and truthfully
Definition

 

Oath

Term
An acknowledgment of an individual acting in the individual's official capacity bearing witness to another's signature being affixed to a document
Definition

 

Officially Attested

Term
Every direction of a court or judge; a mandate or command
Definition

 

Order

Term
Articles associated with a person, as opposed to real property(land)
Definition

 

Personal Property

Term
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
Definition

 

Patetion

Term
A person who complains or sues in a civil lawsuit and is so named on the record
Definition

 

Plaintiff

Term
The answer, which the defendant in a legal proceeding makes to the complaint against the defendant
Definition

 

Plea

Term
Oral or written statements made to the court presenting the claims and defenses of the parties
Definition

 

Pleading/Proceedings

Term
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.
Definition

 

Precept/Notice

Term
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
Definition

 

Protective Order

Term
Land and generally whatever is built, growing upon, or affixed to it
Definition

 

Real Property

Term
Allows a commercial or residential tenant to resume possession of a leased premise after an unlawful lockout
Definition

 

Re-entry

Term
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
Definition

 

Replevy

Term
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
Definition

 

Returned

Term
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
Definition

 

Rules of Civil Procedure

Term
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.
Definition
Sequestration
Term
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
Definition

 

Service

Term
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
Definition
Show Cause
Term
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
Definition

 

Subpoena

Term
Delivery of process in a method other than personal service(such as by mail or by publication)
Definition

 

Substituted Service

Term
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
Definition

 

Summons

Term
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
Definition

 

Temporary Restraining Order

Term
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.
Definition

 

Tort

Term
Proceedings in open court during which the ultimate issues in a case are determined, by a fact finder(judge or a judy)
Definition

 

Trial

Term
The place where a case is tried
Definition

 

Venue

Term
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
Definition

 

Witness

Term
Allows a landlord who prevails in an eviction suit to regain possession of the premises that were in dispute
Definition
Writ of Possession(Eviction)
Term
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
Definition

 

Writ of Possession(Particular Property)

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