B - definitions

C - definitions

• CERTIFICATE OF SERVICE: A written statement that says the date that the document was provided to the other parties.

• CHANGE OF VENUE: The removal of a proceeding begun in one county or district to another county or district for trial or other proceeding.

• CLEAR AND CONVINCING EVIDENCE: Evidence that proves a fact substantially more likely than not.

• CLOSING STATEMENT: The statements made by each party (or their lawyers) at the end of a hearing or trial. Typically, this statement highlights the version of the facts that best supports each side of the case, how these facts were proven during the testimony, how the law applies to the case, and why the judge should rule for one side and not the other. The statement itself is not evidence, and the closing statement may refer only to what has been received in evidence.

• COMPETENT: A competent person is able to understand the oath and proceedings and is legally qualified to be a witness or party.

• COMPLAINANT: The one who files the lawsuit, same as plaintiff or petitioner.

• COMPLAINT: A legal paper that starts a case; also called a petition or pleading.

• CONFIDENTIAL: When a conversation, information or other communication is confidential, none of the participants can testify in court about what was said. Confidentiality is different with different professionals. A person should ask the professional person (attorney, mediator, therapist, counselor) what the rules are for that profession.

• CONTEMPT: The willful failure to follow a court order. One party to a lawsuit can ask the court to find the other party in contempt of court.

• CORRECTED JUDGMENT: A judgment that has correct information and that replaces a judgment that has errors. Formerly called an amended judgment.

• COURT ORDER: Any order made by a judge; the order may be written by the judge or submitted by a party or attorney and signed by the judge. The parties may agree to a parenting plan and, when the judge signs it, it becomes a court order or judgment.

D - definitions

• DECISION:  A court's judgment, order or decree that settles a dispute and decides an issue.

  Departure:  A sentence, except an optional probationary sentence, which is inconsistent with the presumptive sentence for an offender.

• DECLARATION: A written statement that is certified to be true under the penalty of perjury.

• DEFAULT: A party's failure to answer a complaint, motion, or petition within the time allowed.

• DEFAULT JUDGMENT: Relief granted by a court when an opposing party fails to answer a complaint or appear for trial.

• DEFENDANT: The person the case is brought against; also called a respondent.

• DEPOSITION: A recorded out of court examination made under oath. Usually a lawyer asks questions of a party or witness to learn their version of events.

• DISCLOSE: To reveal, tell or expose new information.

• DISCOVERY: A means to get documents, answers, and other information from a party or parties to a lawsuit. Examples of discovery are a request for production, interrogatories (written questions) and depositions (questions which are usually asked in person and on the record).

• DISMISS or DISMISSAL: To terminate a case without further consideration or hearing. To dismiss without prejudice means the matter can be refiled and brought to court again. To dismiss with prejudice means that the matter cannot be refiled.

  Dispotitional Departure: A sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. An optional probationary sentence is not a dispositional departure.

• DNA TESTING: A “docket" or " trial docket" is the list or calendar of cases set for trial or other hearing at a specified time and date.

• DOMESTIC VIOLENCE or ABUSE: A pattern of behavior by an intimate partner, cohabitant or family member used to establish power and control over another person through fear and intimidation, often including the threat or actual use of violence. Abuse of family members can take many forms, including emotional abuse, economic abuse, sexual abuse, using children, threats, intimidation, isolation, and a variety of other behaviors used to maintain fear, intimidation and power.

  Durational Departure: A sentence which is inconsistent with the presumptive sentence as to term of incarceration, term of supervised probation or number of sanction units which may be imposed as a condition of probation.

E - definitions

• Earned Time Credit: A system where inmates can reduce their priosn sentences by earning credits for participating in programs and demonstrating good behavior.

  ENFORCE: To require a person to comply with a law, regulation or order.

• EPPDAPA: The Elderly Persons and Persons with Disabilities Abuse Prevention Act. This law has rules for issuing restraining orders to protect elderly persons and persons with disabilities.

• ESTABLISH: A process to prove or confirm the truth or validity of something (such as to establish paternity) or to set up something that is intended to continue (such as a child support obligation).

• EVIDENCE: Testimony of a witness under oath or affirmation or any object that is received by the court to prove the existence or non-existence of facts in a case.

• EXHIBIT: A physical object that is offered in evidence during a trial or hearing.

• EX PARTE: Latin phrase for contact with the judge without notice to the opposing party. Judges are not allowed to have ex parte contact with parties except under limited circumstances. Ex parte also may be a short matter that is not on the court calendar and that quickly resolves a limited issue in the case.

• EX PARTE PROTECTIVE ORDER: An order by the court, issued without notice to the other side that prevents another person from harming or damaging a person and in some cases may restrain all contact.

F - definitions

• FAMILY ABUSE PREVENTION ACT (FAPA): The law that authorizes courts to issue protective orders (a special type of restraining order) when there has been violence or other forms of abuse within a family. FAPA orders may include orders for custody and parenting plans.

• FILING: Giving the court clerk one’s legal papers.

• FORM: A model document to work from or a legal paper with blanks that can be filled in.

• EVIDENCE: Testimony of a witness under oath or affirmation or any object that is received by the court to prove the existence or non-existence of facts in a case.

• FREQUENT AND CONTINUING CONTACT: Parenting plans should give a child regular contact with both parents so the child has a genuine, on-going relationship with each parent, unless it puts the child in serious danger.

G - definitions

• GARNISHMENT: A legal process that allows part of a person's wages and/or assets to bewithheld for payment of a debt; also known as wage-withholding.

  Grid: The Sentencing Guidelines Grid

  Grid Block: A box in the Sentencing Guidelines Grid on the grid formed by the intersection of the crime seriousness ranking of a current crime of conviction and an offender’s criminal history classification.

H - definitions

HEARING: A proceeding scheduled by the court at a particular date and time that may or may not include presentation of evidence by the parties.

HEARSAY: Hearsay is an out-of-court statement that is presented as a true statement in court. Hearsay generally is not admissible in a trial or hearing, but there are many exceptions to the hearsay rule.

I - definitions

INTERPRETER: A person who is able to translate, orally or in writing, spoken or sign language into the common language of the court.

IRRELEVANT: Evidence which is not important to the case and which will not tend to prove or disprove any of the issues.

J - definitions

Joint & Several: Joint and several liability means that multiple parties can be held liable for the same damages, and a party can recover the full amount from any one of them,even if other sare also liable.

JUDGE: A court officer who supervises hearings and trials and pronounces judgment.

JUDGMENT: A court's decision.

JURISDICTION:  The authority of the court to hear a case. There are two types of jurisdiction: personal jurisdiction and subject matter jurisdiction. A court may exercise personal jurisdiction when a party to a lawsuit is present in Oregon or has sufficient contacts with Oregon. A court may exercise subject matter jurisdiction when a law or rule says that it may.

K - definitions

L - definitions

M - definitions

MEDIATION: A process in which the disputing parties use a third party to assist them in reaching a settlement of the dispute. The process is private, informal, and non-binding. The mediator has no power to impose a settlement, but rather attempts to assist the parties in reaching a mutually acceptable resolution to the dispute.

MODIFICATION ORDER: An order of the court that alters, changes, extends, amends, limits, or reduces an earlier order of the court.

MODIFY: To alter, change, extend, amend, or limit a previous provision or order.

MONEY JUDGMENT: A specific amount of money awarded by the court to a person or entity. A judgment may be collected by legal means.

MOTION: Application to a court for an order, ruling or decision.

MOTION TO DISMISS: A paper filed with the court asking for the dismissal of a case, petition,complaint, defense, or claim.

N - definitions

NOTICE: A written announcement or warning.

NUNC PRO TUNC: Latin term that means now for then. It indicates a corrected judgment is effective on the date of the original erroneous judgment or an order the judge signs now is effective on an earlier date.

O - definitions

OATH: Swearing or affirming that a statement is true. An oath may be made in person or in writing.

OBJECTION: A formal protest made by a party over evidence or allegations that the other side tries to introduce.

OBLIGATION: Something that must be done because of a legal duty, such as an obligation to pay child support.

ON THE RECORD:  The official recording, taken down by a court reporter or recorded by electronic means, of what is said in the courtroom. If the judge makes a ruling "on the record," it means he or she made the decision orally in the courtroom.

OPENING STATEMENT: The introductory statement made by each party (or their lawyer) at the start of a hearing or trial. Typically, this statement explains the version of the facts best supporting each side of the case and how these facts will be proven. The opening statement is not evidence.

Optional Probationary Sentence: any probationary sentence imposed pursuant to OAR 213-005-0006 (Optional Probationary Sentences).

ORAL ARGUMENT: The part of a trial when lawyers or parties summarize their position, cite the law, and answer the judge's questions.

ORDER TO SHOW CAUSE: A court order directing a person to appear in court and respond to a legal petition, motion or complaint.

P - definitions

PERJURY: A false statement made on purpose while under oath in a court proceeding.

PETITION: A legal paper that starts a case.

PETITIONER: The person or agency who files papers to start a lawsuit; also called plaintiff.

PLAINTIFF: The person who files papers to start a lawsuit; also called petitioner.

PLEADING: The process by which parties file papers in court, including papers to begin a case, papers to respond to issues that are raised by another party, and counterclaims.

PREPONDERANCE OF THE EVIDENCE: Evidence that proves a fact more probably than not.

Presumptive Sentence: The sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime seriousness ranking of the current crime of conviction and the offender’s criminal history or a sentence designated as a presumptive sentence by statute.

Primary Offense: The offense of conviction with the highest crime seriousness ranking. If more than one offense of conviction is classified in the same crime category, the sentencing judge shall designate which offense is the primary offense.

Probation Violation Sanctions: Structured, intermediate sanctions that can be imposed by the oregon Department of Corrections or a county community corrections agency on probationers who waive a probation violation hering and consent to the sanctions.

PRO SE: A person who represents himself or herself without an attorney; also called self-represented person.

PRO TEM JUDGE: A lawyer appointed by the court to act as a judge on a temporary basis.

PROCEEDINGS: Generally, the process of conducting judicial business before a court or judicial officer. A "proceeding" refers to one of the separate steps in that process, such as a motion or hearing.

PROOF: Evidence that tends to establish the existence or truth of a fact at issue in a case.

PROOF OF SERVICE: The form filed with the court that proves that court papers were formally served on (delivered to) a party in a court action on a certain date.

PROTECTIVE ORDER: A court order which is meant to protect a person from another person.

Q - definitions

R - definitions

RECESS: A short break in a trial ordered by the judge.

RECORD: A written account of the proceedings in a case, including all pleadings, evidence, exhibits, and judgment submitted during the case.

RELEVANT: Evidence which tends to prove or disprove an issue in the case.

RESET: To put on the court calendar again.

RESPONDENT: The party who answers a complaint in a civil case or a party against whom an appeal is brought.

Restitution: Full, partial or nominal payment of damages to a victim. May be awarded in addition to a compensatory fine.

RESTRAINING ORDER: A court order that tells a person to stop doing something for a certain amount of time. Some examples are FAPA orders, stalking protective orders, and EPPDAPA orders.

RETURN OF SERVICE: A statement that is filed in court to show that a complaint or other document has been served on (delivered to) a party.

RULES OF COURT: Many court procedures are controlled by statewide rules, such as the Uniform Trial Court Rules (UTCR), and by local court rules. The state and local rules can be found in the county law library or at the OJD website at www.ojd.state.or.us.

S - definitions

SERVICE: Providing a copy of the court papers to the other side.

SETTLEMENT CONFERENCE: A meeting with or without a judge before trial to explore ways to settle the issues. The meeting usually includes the parties and lawyers but others may participate by agreement.

SHOW CAUSE ORDER: A court order telling a person to appear in court in person or in writing and present evidence to show why the orders requested by the other side should not be granted. A show cause order is usually based on a motion and affidavit asking the judge to make certain decisions.

STATUTE: A law passed by Congress or a state legislature.

STIPULATED JUDGMENT: An agreement between the parties that settles a case and is in writing and signed by both parties (or their attorneys) and by a judge.

STIPULATION: An agreement between opposing parties on any fact or issue related to the proceeding or trial, such as an agreement on child support on a temporary or final basis.

Straight Jail: A sentence of jail imposed instead of a presumptive probationary sentence that is not followed by a term of post-prison supervision defined in OAR 213-005-0002 (Term of Post-Prison Community Supervision).

SUBPOENA: A paper issued by the court requiring a person or entity to appear in court and/or bring documents.

SUMMONS: A document directing a sheriff or other officer to notify the person named in the summons that a lawsuit has been started against him or her in court, and that he or she must go to court on the day listed in the summons and/or file an answer to the complaint.

Supervisory Authority: The state and local corrections agency or official designated in each county by that county’s Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both.

T - definitions

TESTIFY: To give evidence under oath as a witness in a court proceeding.

TESTIMONY: Evidence presented orally by witnesses during trials, before grand juries, or duringadministrative proceedings.

U - definitions

UNDER OATH: All witnesses must swear or affirm to tell the truth if they want their statements or testimony to be considered as evidence. These statements are considered to be “under oath”.

V - definitions

VENUE: The proper county in which a case may be heard or tried.

VOID: Having no legal force or effect.

W - definitions

WAIVER: The intentional and voluntary relinquishment of a known legal right.

WITNESS: Person who gives testimony under oath or affirmation regarding what he/she saw or heard.

WITNESS LIST: The list of people a party intends to call as witnesses during a trial or hearing.

X - definitions

Y - definitions

Z - definitions