1203.03 PC Motion
In a California criminal case, a request to cancel, modify, change or terminate probation.
1203.4 PC Motion
In a California criminal case, a request to take back guilty plea or set aside a guilty verdict, and dismiss the accusations or information. (Made after probation has either terminated or defendant was discharged from probation prior to termination.)
170.6 CCP Motion
In a California civil case, a request to disqualify the assigned judge from hearing a matter.
995 PC Motion
In a California criminal case, a request made by a defendant to dismiss a count against them.
When a parent leaves a child without enough care, supervision, support, or parental contact for an excessive period of time.
To put an end to; to cancel out.
(1) immoderate or improper use; (2) to do physical, sexual, or psychological harm to someone.
Abstract of Record
Short form of the case.
Abstract of Judgment
Summary of the court’s final decision. Can be used as a lien if you file it with the county recorder.
A summary of what a court or government agency does. In Traffic, document that is sent to the Department of Motor Vehicles (DMV) to update driving record.
To repeal or cancel an old law using another law or constitutional power.
Accord and Satisfaction
Agreement by the parties to settle a claim or dispute in which the parties typically agree to give or accept something.
A satisfaction agreed upon between the parties in a lawsuit, which prevents further actions after the claim.
A person that helps someone else commit a crime. Can be on purpose or not.
A person who helps someone else commit a crime, either before or after the crime.
Abuse of Process
Misuse of the power of the court.
The total amount of child support payments that are owed or that are late.
A formal charge against a person.
The person that is charged with a crime and has to go to criminal court. (See DEFENDANT).
Saying, testifying, or assuring that something is true.
A court case or proceedings.
To find a defendant not guilty in a criminal trial.
Acknowledgment of Satisfaction of Judgment
A court form that the person who wins the case must fill out, sign, and file with the court when the judgment is fully paid. If there are no liens, the back of the Notice of Entry of Judgment can be signed and filed with the court (See JUDGMENT CREDITOR, JUDGMENT.)
A thing added or to be added.
Comes from Latin meaning for the “purposes of the lawsuit.” For example, a guardian ad litem is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.
This is a showing that the plaintiff or injured party has undergone some loss of property or other thing of value by reason of fraud, forgery, or other illegal action. For the crime of forgery, the existence of a specific intent to defraud is an essential element; however, there is no requirement of actual loss to complete the crime.
A case that is in court but is not settled or decided has active status. (See DISPOSITION, PENDING.)
Action In Rem
Proceeding “against the thing” as compared to personal actions (in personam). Usually a proceeding where property is involved.
Action In Personam
Proceeding against the person for the recovery of a specific object, usually an item of personal property such as an automobile.
The procedures used by government agencies to create and enforce its rules and regulations
(1) to manage; (2) taking a drug by injection, inhalation, ingestion, or any other means, to the body for that person’s immediate needs.
When a judge hears and decides a case.
To put off a court hearing until another time or place.
Contract where one party has no real choice as to its terms.
The power of a trial court to increase the amount of an award of money to one party made by jury verdict, as a condition of denial of motion for new trial. The defendant must consent to the increased money award, the plaintiff need not consent.
Saying that certain facts are true.
Evidence that can be legally and properly be used in court.
Evidence that is legally allowed to be presented in court
1. Person who represents the estate of a person who dies without a will. 2. A court official.
A review of the welfare of a child in long-term foster care by a panel of people selected by the state Department of Health & Human Services (DHHS). The review is conducted at least once a year, in place of a 6-month placement hearing by the Court. The panel reviews a report from DHHS. The review is open to the parents of the child, parents’ attorney and child’s attorney.
Admonition to Jurors
Warnings the judge giver jurors about what they must do and how they must behave, what evidence they can use to make their decision (called “admissible” evidence), and how they can use that evidence to make a decision.
The way to make the relationship between a parent and child legal when they are not related by blood.
The system of trial practice in the United States and some other countries in which each of the opposing (or “adversary”) parties has the opportunity to present and establish opposing positions before the court.
After Acquired Intent
When the defendant did not intend to commit a crime until after the crime had been committed.
In appellate courts, it means that the decision of the trial court is correct.
In their answer to a civil lawsuit, a defendant may raise facts or legal grounds that excuse or justify the behavior on which the lawsuit is based. This is called an affirmative defense.
A written statement that someone swears to under oath in front of someone that is legally authorized, like a judge or notary public.
A person who makes and signs an affidavit.
A person called to testify for the other side.
An assumed or additional name that a person sometimes uses. A person who uses an alias may be listed by their true name, followed by “also known as” (or “A.K.A”) their alias (“Mary Smith a.k.a. Jane Jones”).
Aider and Abettor
Someone who has criminal intent and assists another to commit a crime.
Agreed Statement of Facts
Statement of all important facts, which all the parties agree is true and correct, and which is submitted to a court for a decision.
The total length of imprisonment
Circumstances that may be considered as magnifying, or adding to, the degree of punishment.
Someone who has authority to act for another.
Forgery by Alteration
Adding, erasing, or changing a document with the specific intent to cause it to appear different from what was originally intended, in order to cheat another person.
A man who may be the father of the child.
To say, declare, or charge that something is true even though it is not proved yet.
A statement or claim that is made and has not been proved to be true or false.
A defense claim that the accused was somewhere else at the time a crime was committed.
A case summary or commentary on the law cases, statutes, and rules.
Someone that gives advice to the court about the law in a case, but is not part of the case. Comes from the Latin for “friend of the court.”
A change made by correction, addition, or deletion.
To add to or change a claim that has been filed in court.
Alternative Dispute Resolution
Methods of resolving disputes without official court proceedings. Common methods include mediation and arbitration. Also called “ADR.”
Appearance Progress Report
A court order for a report by the Department of Health and Human Services (DHHS) on an issue requested by the court. Also called “A.P.R.”
1. You or your attorney go to a court hearing. 2. You or your attorney file a legal paper that says you will participate in the court process.
When someone that loses at least part of a case asks a higher court (called an “appellate court”) to review the decision and say if it is right. This is called “to appeal” or “to take an appeal.” The person that appeals is called the “appellant.” The other person is called the “appellee.”
When a person who is to perform as set forth in a contract, clearly indicates to the other party that he will not or cannot perform.
A legal action that says your marriage was never legally valid because of unsound mind, incest, bigamy, being too young to consent, fraud, force, or physical incapacity.
The legal capture of a person who is charged with a crime.
Child support that is overdue or unpaid.
Criminal procedure where the accused is brought before the court to hear the criminal charge(s) against them, and to plead guilty, not guilty or no contest.
An alternative dispute resolution method. a neutral third party looks at the evidence, hears the arguments, and makes a decision.
A person that answers an appeal in higher court.
A court that can review how the law was used to decide a case in a lower court.
Assignment of Support Rights
When a person who gets public assistance agrees to give the state any child support they get in the future to reimburse the government for the cost of that public assistance.
1. When the court uses a calendar to give (or “assign”) cases to judges. 2. When lawyers when lawyers are chosen (or “appointed”) to represent juveniles, conservatees or defendants; 3. When a creditor transfers the right to collect a debt to another person or company for collection.
A person or business that is put in the place of the original creditor, such as a collection agency. You can assign your JUDGMENT to another person or business.
A court order (made after a MOTION that says a JUDGMENT DEBTOR must assign certain rights to the JUDGMENT CREDITOR. Useful for payments that the judgment debtor would usually get, like rent from tenants, wages from the federal government, sales commissions, royalties, a business’s accounts receivable, or installment payments on IOUs (also called “PROMISSORY NOTES” or JUDGMENTS).
Attorney of Record
The lawyer whose name is listed in a case record as representing someone in the case.
To witness, to affirm to be true or genuine, to certify.
An effort to do an act or commit a crime.
1. Document attached to court papers to give more information. 2. a way to collect judgment: by getting a court order that says you can take a piece of property.
A legal paper filed in a civil case that says the case is ready to go to trial.
Assumption of Risk
A defense to a lawsuit for personal injury. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.
A security deposit (usually money) given to release a defendant or witness from custody and to make sure that they go to court when they’re supposed to.
Generally implies actual or constructive fraud, or a design to mislead or deceive another.
To give authority or legal authenticity to a statute, record, or other written document.
When records or accounts are looked at to check that they are right and complete.
A private person (who is not necessarily a lawyer) authorized by someone to act in his or her place, either for some particular purpose, or for the transaction of business in general. This authority must be given in writing, called a POWER OF ATTORNEY.
An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.
Book of Approved Jury Instructions – Unofficial source of jury instructions in civil cases. Litigants may choose to use these in most cases.
Person who is in charge of security in the court. Bailiffs are picked by sheriffs.
A hearing established to re-evaluate the bail amount that was originally set for the accused.
When you get your bail back. or when a bail bondsman or insurance (“surety”) company isn’t responsible for your bail anymore.
Person who is responsible for paying the bond for the defendant’s release from jail.
A legal paper that you buy from a bondsman and give to the court instead of bail. The defendant signs it and is let go. But if they don’t come to court when they’re supposed to, they must pay the amount of money on the bail bond.
A motion for psychiatric examination of prosecutor’s witnesses (victims) in a criminal case.
The legal way for a business or person to get rid of debts by paying part of what they owe.