Court Terminology: A Plain-English Glossary

Court papers are written in a working vocabulary that lawyers use every day and almost nobody else does. The good news: most of it is a few dozen recurring words, and none of them are hard once someone explains them plainly. This glossary covers the terms you’re most likely to meet in an American courtroom or in the papers a court sends you, grouped by where they show up in the life of a case.

This page focuses on courtroom and procedure words. For broader everyday legal vocabulary — contract, liability, statute of limitations, and the like — see our companion guide to important basic legal terms. And if you’re holding papers right now and need to know what to do, start with what to do when you receive court papers.

The people in a case

Plaintiff. The person, business, or organization that starts a civil lawsuit by filing a complaint. The plaintiff is the one claiming to have been wronged and asking the court for a remedy.

Defendant. The party being sued in a civil case, or the person charged in a criminal case. In a civil suit, the defendant is the one who must respond to the plaintiff’s claims.

Petitioner and respondent. Alternate labels used in certain kinds of cases — commonly family, probate, and appellate matters. The petitioner is the party who asks the court to act; the respondent is the party who answers. Functionally similar to plaintiff and defendant.

Party. Any person or entity formally involved in a case — plaintiffs, defendants, petitioners, respondents. Witnesses and lawyers are participants, but they are not parties.

Judge. The public official who presides over the case: ruling on motions, managing hearings, deciding questions of law, and — in a trial without a jury — deciding the facts too.

Magistrate. A judicial officer who handles certain matters under a judge’s authority. In federal court, magistrate judges commonly manage pretrial steps; states use the title in varying ways.

Clerk of court. The court’s record-keeping office. The clerk accepts filings, maintains the case file, issues notices, and answers procedural questions. Clerks can tell you how to file something; they cannot tell you whether you should.

Counsel. Another word for a lawyer or lawyers representing a party. “Opposing counsel” means the other side’s attorney.

Pro se. Representing yourself without a lawyer. Courts may also say “self-represented.” Pro se parties must generally follow the same rules and deadlines as everyone else.

Witness. A person who gives testimony — statements made under oath — about facts relevant to the case, either at a deposition, a hearing, or trial.

Jury. A group of citizens selected to decide the factual questions in a trial. In a jury trial, the jury decides what happened; the judge decides what law applies.

The documents

Complaint. The document that starts a civil lawsuit. It identifies the parties, states what the plaintiff says happened, and asks the court for relief. Our guide to complaints walks through one section by section.

Summons. The official notice, issued with the complaint, telling a defendant they are being sued and that a response is required. See what a summons is for detail.

Answer. The defendant’s formal written response to a complaint, admitting or denying each allegation and raising any defenses.

Motion. A formal request asking the judge to do something specific — dismiss a claim, exclude evidence, extend a deadline, or decide the case without trial. Cases advance largely through motions.

Affidavit. A written statement of facts sworn to be true before an authorized official, such as a notary. A declaration is similar but signed under penalty of perjury without a notary.

Brief. A written argument submitted to the court explaining why the law supports a party’s position, usually filed in support of or opposition to a motion or on appeal.

Subpoena. A court-backed command requiring a person to appear and testify, or to produce documents or records. Ignoring a subpoena can lead to penalties, so anyone who receives one should take it seriously and respond or object through proper channels.

Docket. The court’s chronological index of everything filed and every event in a case. Many courts let you view the docket online — it’s the fastest way to see the current state of a case.

Exhibit. A document, photograph, or object offered as evidence at a hearing or trial.

Notice. A document informing parties of something — most commonly a notice of hearing, which announces the date, time, and place of a scheduled court session.

Getting the case started

Filing. Formally submitting a document to the court so it becomes part of the official case record. Many courts now use electronic filing.

Service of process. The formal delivery of court papers to a party, done by legally approved methods so the court knows the party actually received notice. It’s foundational enough that we cover it separately in service of process basics.

Jurisdiction. A court’s authority to hear a particular kind of case and to bind the particular parties. A court without jurisdiction cannot decide the dispute.

Venue. The geographic location — which county or district — where a case is properly heard.

Pleadings. The formal documents in which parties state their claims and defenses: chiefly the complaint and the answer.

Cause of action. The legal basis for a lawsuit — the recognized legal theory (such as breach of contract) that entitles a plaintiff to sue.

Before trial

Discovery. The pretrial stage in which each side obtains evidence from the other. Discovery tools include document requests, written questions, and depositions. It is usually the longest phase of a civil case.

Deposition. Out-of-court testimony taken under oath, usually in a lawyer’s office, recorded by a court reporter. What’s said at a deposition can be used later in the case.

Interrogatories. Written questions one party sends another, which must be answered in writing under oath within a set time.

Hearing. A court session, typically focused on one issue, at which the judge hears from the parties and often rules. See our notice of hearing guide for what to do when you’re told to appear.

Continuance. A postponement of a hearing or trial to a later date, granted by the court.

Motion to dismiss. A defendant’s request to throw out some or all of the case at the outset — for example, because the complaint doesn’t state a valid legal claim even if its facts were true.

Summary judgment. A ruling deciding a case, or part of it, without trial because the key facts aren’t genuinely disputed and one side is entitled to win under the law.

Settlement. An agreement between the parties resolving the dispute themselves, usually ending the case. Most civil cases settle before trial.

Default. What happens when a defendant fails to respond to a lawsuit in time. The court may then enter a default judgment — a decision for the plaintiff without hearing the defendant’s side. This is the main reason court deadlines can’t be ignored.

Trial, judgment, and after

Trial. The formal presentation of evidence and testimony that resolves the disputed facts, before a judge alone (a bench trial) or a jury.

Testimony. Statements made under oath by witnesses, at deposition, hearing, or trial.

Burden of proof. The obligation to prove one’s claims. In most civil cases the plaintiff must show their version is more likely true than not — a lower bar than the criminal standard of proof beyond a reasonable doubt.

Verdict. A jury’s decision on the factual questions in a trial.

Judgment. The court’s official final decision resolving the claims — who prevailed and what relief they receive. Judgments can typically be enforced through further legal process if the losing party doesn’t comply.

Order. Any direction issued by a judge during a case. Orders are binding whether or not the case has ended.

Injunction. A court order requiring someone to do something or stop doing something, as opposed to paying money.

Dismissal. The termination of a case without a decision on the merits. Dismissal without prejudice allows the claim to be refiled; with prejudice ends it permanently.

Appeal. A request that a higher court review a lower court’s decision for legal error. An appeal is not a new trial — the appellate court reviews the record for mistakes of law, and strict deadlines apply to starting one.

Remand. An appellate court sending a case back to the lower court for further proceedings.

Contempt of court. A finding that someone disobeyed a court order or disrupted proceedings, punishable by fines or other penalties.

When to get help

A glossary can decode the words on a court paper, but it can’t tell you what to do about them — and definitions are no substitute for advice when money, housing, or family matters are on the line. If you’re facing a real case, our guide to finding free and low-cost legal help lays out where to start, and legal aid basics explains who qualifies for free civil legal services. Court self-help centers can also explain their own procedures and forms, which is often exactly the help a self-represented person needs.