Abstract

Certified copy of a judgment provided by the court clerk.

ADM

Administrative (Generally an administrative agency of government)

Admissions,

A request from one party Request for upon another in a demanding that the served party either admit or deny certain facts. Used in the discovery procedures in Circuit Court.

Adobe Acrobat pdf format

Type of software used to “build” the forms. Often referred simply as pdf or pdf format.

Affidavit

A written statement affirming or swearing to the truth of the facts stated.

Alias (pleading)

See Bad Service below.

Annulment

A judicial proceeding in which one party seeks to nullify (invalidate) a void or voidable marriage.

Another party

“Third Party.”

Appeal

The process by which a party obtains review of a judicial decision by a higher court. The loosing party has two separate and distinct remedies (forms of relief) in General District Court. One is the right to appeal to the circuit court and obtain a trial de novo (new) pursuant to Virginia Code § 16.1-106. The other is to file a motion for a new trial (rehearing) in the General District Court pursuant to § 16.1-97.1. There are very specific deadlines for both the appeal and the rehearing.

Arbitration

A process for resolution of disputes without resort to the courts. Sometimes contracts demand that any disputes be submitted to arbitration rather than the courts. In arbitration a decision is imposed (forced) on the parties. It differs from mediation in that mediation encourages the parties to reach an agreement.

Attorney fees

Generally, absent a 1) specific provision in the contract, 2) statutory provision or 3) a claim of fraud, attorney’s fees are not recoverable by a prevailing party from the losing party.

Badservice

The process server (for example the Sheriff) was unable to locate the person being served. Where service is not effected, the plaintiff can request an “alias.”

Bill collector

Consumer’s Request that a Debt Collector Cease Contact (pdf)

Bill of Particulars

Bill of Particulars (Form DC – 441) See also Grounds of Defense

Breach of contract

A failure, without good reason, to carry out as promised something called for in the contract.

Burden of proof

Burden of persuasion. Burden of going forward with the evidence. More than suspicion standard, but less than beyond reasonable doubt.

Call, Do Not Contact Me by Telephone

National Do Not Call Registry www.donotcall.gov

Capias

A writ (summons) issued by a judge directing the Sheriff to take a defendant into custody.

Certificate of Service

After service of the initial (first) process (for example the Warrant in Debt) has been made other documents (for example the Bill of Particulars) must be filed with the court and served on the opposing party. The service (sending a copy) is confirmed by the “Certificate of Service” at the end of the papers being served.

Chancery

Cases in which the party filing suit is seeking an award of something other than money. Same as equity.

Charge off

The removal of an account from a credit card issuer's books as an asset after it has been delinquent for a period of time, usually 180 days. See e.g. Black's Law Dictionary (8th ed. 2004). A charge off does not mean that the debtor does not owe the debt.

CIR or Circuit

Virginia’s Circuit Court. Also sometimes abbreviated CC.

Circuit Court Manual

Circuit Court Clerk's Manual - Civil

Civil action

A case brought for determination enforcement or protection of a right, or redress; or prevention of a wrong; every action other than a criminal action.

Code of Federal Regulations (CFR)

Code of Federal Regulations

Commissioner in Chancery

A lawyer appointed by the chief circuit court judge who conducts evidentiary hearings and makes factual findings in circuit court cases.

Common law

A body of law that is based on court decisions, as distinguished from laws passed by the legislature.

Complainant

The party that makes the complaint (grievance).

Confession of judgment

An acknowledgement by the defendant that the plaintiff is right and that judgment should be entered in favor of the plaintiff.

Continuance

The act of changing the court date. Virginia Supreme Court Rule 7A:14 and Virginia Code §§ 16.1-93 and 16.1-122.3.

Contributory negligence

Allegation by the defendant that the plaintiff contributed (added to) the injury or loss.

Costs

Usually refers to court filing fees.

Counterclaim

A claim presented by a defendant in opposition to the claim of the Plaintiff.  See also Grounds of Defense (Form DC – 442) to a Claim for Open Account, Contract, Note or Negligence

Credit Report

Free Credit Report

DCSE

Department of Child Support Enforcement, Virgin Department Child Support Enforcement

Debt (Warrant in Default)

See Warrant in Debt below.“…neglect or failure of any party to take step required of him in progress of cause.” Black’s Law Dictionary (Revised 4th ed., West 1968). For example, the defendant may fail to appear at the return date or may fail to timely file a court-ordered Grounds of Defense.

Default judgment

A judgment against a party who did not appear in court or did not properly proceed with the case.

Defendant

The party against whom relief or recovery is sought in a court action or suit. Sometimes used to designate the accused in criminal or traffic cases.

Definitions

Virginia Code § 8.01-2

Department of State Police (Virginia)

Virginia State Police Website

Deposition

A statement of a witness under oath, taken in question and answer form as it would be in court, with an opportunity given to the adverse party to cross-examine.

Detinue, Warrant in

See Warrant in Detinue below.

Directions

Mapquest

Docket

A record of cases to be heard in court.

Domestic Corporation

Virginia Code § 13.1-603

Entity

Term of art used in The Virginia Health Records Privacy Act, Va. Code § 32.1-127.1:03.

Equitable Distribution

The distribution of property between husband and wife in a divorce or annulment case.

Equity

Historically, one of two systems, the other being law, that developed from the law in English. In equity judges are able to fashion remedies (results) that they cannot follow at law.

Estate

The deceased person’s property, including real estate (land and buildings), personal property (items) and all other assets owned or controlled by the deceased at the time of her/his death.

Evidence

See Hearsay Evidence.

Ex Parte

Latin: by or for one side of a case or dispute without telling the other side.

Executor/Executress/ Executrix

A person who is appointed by the deceased in his/her will to carry out the terms of the will.

Exempt

Free from an obligation or liability to which others are subject.

Exhibit

A document or other tangible item that a party seeks to have the judge accept as evidence.

Expungement

Expungement of a criminal record is the act of striking out, removing or obliterating the record.

FAMIS

Family Access to Medical Insurance Security Plan. See Virginia Department of Medical Assistance

FED

Federal Court

Fields

Areas on the forms where you can type in information.

Fieri facias (fi. fa.)

A writ (summons) for implementation (execution) of a judgment.

Foreclosure

The termination of a property owner’s rights in property that has a mortgage.

Foreign Corporation

Corporation Commission, State, Virginia (Registered Corporation Agent and Officers)/ Virginia  Code § 13.1-603.

Garnishee

One who has money or property in his possession belonging to a judgment debtor, or who owes the judgment debtor a debt. For example, a bank or an employer.

Garnishment

A proceeding following a judgment. A third party who holds property, money or credits (for example a bank) belonging to the judgment debtor must surrender the property, money or credits (to the extent of the judgment) to the court or sheriff. 

GDC

Virginia’s General District Court.

Grounds of Defense

Grounds of Defense (Form DC – 442) Also called Answer.

Hearsay Evidence

Hearsay is: testimony or written evidence, of an out-of-court declaration, that is presented in court, to prove the truth of the matter asserted in the declaration. Hearsay evidence is generally inadmissible. However, to exclude hearsay evidence, the opposing party must object or the objection is waived. The party who offers hearsay evidence has the burden of proving that it is admissible. There are exceptions to the hearsay rule. For example see Affidavit Regarding Damages to Motor Vehicle (GDC) (pdf).

HIPAA

The Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Homestead Deed

Homestead Deed for Personal Property (GDC) (pdf)

Housing

See Summons for Unlawful Detainer [Form DC-421]

Indigent

One who is needy and poor. See § 17.1-606. Persons allowed services without fees or costs

Individual

Term of art used in The Virginia Health Records Privacy Act, Va. Code § 32.1-127.1:03..

Interrogatories

See Summons to Answer Interrogatories below.

Interrogatories, Request for

Questions from one party in the case that require another answer under oath. Used in the discovery procedures in Circuit Court.

Intestate

Without a will.

JDR

Virginia’s Juvenile and Domestic Relations District Court

Joint account

A bank account held by two or more people, each of whom may withdraw funds without the consent (permission) of the other.

Judgment

Usually the court’s final decision in a case.

Judgment creditor

The person who wins an award against another in a civil suit.

Judgment debtor

The person against whom an award is made in a civil suit.

Judgment proof

Describes a person who has no assets that could be seized to satisfy a money judgment.

Levy

The obtaining of money by legal process through seizure and sale of property.

LSNV

Legal Services of Northern Virginia, Inc.

Magistrates Manual

Magistrate Manual

Mail

See Post Office below.

Mediation

The process by which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between the mediator and any party or parties, until such time as a resolution is agreed to by the parties or the parties discharge the mediator. Mediation differs from arbitration in that mediation encourages the parties to reach an agreement. In arbitration a decision is imposed (forced) on the parties. Mediation

Microsoft Word

Computer software used for building the forms. (Word) (MS Word)

Motion

A request to the court in a pending case for an order.

Motion for Judgment

The motion for judgment is in writing, signed by the plaintiff or his or her attorney, and includes the names of all parties and the address of each defendant. It must clearly inform the defendant of the true nature of the claim. Though more ommonly found in Virginia’s Circuit Court it is also used in General District Court.

Motion in limine

A motion before the trial begins to have an issue resolved.

National Consumer Law Center Inc.

Website http://www.consumerlaw.org/

Necessaries doctrine

Virginia Code § 8.01-220.2.  Spousal liability for emergency medical care. and § 55-37. Spouse not responsible for other spouse’s contracts, etc.; mutual liability for necessaries; responsibility of personal representative.

Negligence

Conduct that involves an unreasonable risk of injury or loss to others.

Nonsuit

Dismissal of a civil suit.

Notary Public

A person that is authorized to administer oaths and affirmations and authenticate signatures. Virginia Code § 47.1-2. Definitions.

Notice

The act of conveying (giving) information to another person in writing or by mouth.

Officers of a

Corporation Commission, State, Virginia (Registered Agent Corporation and Officers)

Open Account

An account that shows a balance due that has not been paid. Often associated with a credit card account.

Oral examination

See “Summons to Answer Interrogatories.”

Ore Tenus

By word of mouth, orally.

pdf (pdf)

Software used to “build” the forms. See “Adobe Acrobat pdf  format above.

Pendente lite

Latin: A pending suit. Pendente lite orders or decrees are entered while the suit is pending and are always prior to the final order or decree.

Plaintiff

A person who brings an action; the party who complains or sues in a personal action and is so named on the record.

Pleading

The allegation(s) by the parties of their claims and defenses.

Poor Debtor’s Exemptions

Poor Debtor’s Exemptions. See Va. Code §34-26 and 34-27.

Post Office

See Request for Change of Address or Boxholder  (pdf)/ Zip Codes

Poverty Guidelines

HHS Guidelines used in determining if shared custody support may be used.

Praecipe

A pleading used by a party in a lawsuit with notice to the other parties. See Supreme Court Rule 1:15  and Rule 1:15(b).

Pro se

For herself/himself, in his/her behalf. Having no lawyer to present him/her. Also called pro se litigant. Sometimes called self-represented.

Probate

Procedure whereby a will is admitted to record in the clerk’s office.

Registered Agent

Corporation Commission, State, Virginia (Registered Agent and Officers)

Rent

Summons for Unlawful Detainer  [Form DC-421], Instructions for DC-421, Tenant's Assertion and Complaint [Form DC-429], Instructions for DC-429. 

Res judicata

A judicially created doctrine founded upon the "considerations of public policy which favor certainty in the establishment of legal relations, demand an end to litigation, and seek to prevent harassment of parties. Bates v. Devers, 214 Va. 667, 670, 202 S.E.2d 917, 920 (1974).  Res judicata literally means a "matter adjudged, Black's Law Dictionary 1174 (5th ed. 1979), and it precludes re-litigation of a claim or issue once a final determination on the merits has been reached by a court of competent jurisdiction.

Respondent

The party that must respond to motion, petition or appeal.

Return Date

The return date is the first scheduled date for action in a civil case. It is sometimes referred to as the first return. The Warrant in Debt (Form DC-412) and the Summons for Unlawful Detainer (Form DC-421) set forth the return date.

Return Docket

Lists of cases to be heard by a court.

Rule to Show Cause

A court ruling directing the recipient to appear and present to the court such reasons why the recipient should not be punished for violating a court order. See Motion for Show Cause Summons [Form DC-635].

Rules of the Supreme Court of Virginia

Rules Supreme Court of Virginia

Satisfaction

Notice of Satisfaction Form [Form DC-458]

Self-Represented

Not represented by a lawyer. Sometimes called pro se.

Service of Process

Service of a summons such as a Warrant in Debt  (GDC) [DC-412] by the sheriff or a personal process server. See also Request for Change of Address or Boxholder  (pdf)/VA. and Supreme Court Rule 1:12. Service of Papers after the Initial Process.

Social Security

Social Security payments are generally exempt for garnishment under 42 U.S.C. § 407. A garnishment procedure which permitted a judgment creditor to freeze a social security recipient’s bank account without regard to whether it contained social security funds would stand as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress and consequently be invalid under the supremacy clause, U.S. Const., Art. VI, cl. 2. Harris v. Bailey, 574 F Supp 966 (W.D. Va. 1983).  See also, Public Benefits.

Summons

A process directing a defendant to appear in court to answer a civil complaint or a criminal charge. For example, Warrant in Debt [Form  DC-412]

Summons to Answer

A set of series of financial questions to be answered under Interrogatories  Summons to Answer Interrogatories Summons to Answer Interrogatories [Form DC-440] Instructions for DC-440

Suspension of  License

Suspension for failure to satisfy motor vehicle accident driver’s judgment; exceptions; insurance in liquidated company; failure to satisfy insurer obligated to pay judgment. Virginia Code motor judgment § 46.2-417

TANF

Temporary Assistance to Needy Families (TANF replaces AFDC).

Traffic Court

Generally the traffic division of General District Court.

Transfer cases to another court

From Small Claims to General District Court § 16.1-122.4

Unlawful Detainer, Summons for

Summons for Unlawful Detainer Form DC-421]

Venue

Venue designates the particular county or city within which a court with jurisdiction may hear and determine the case.

Virginia Law Foundation

Virginia Law Foundation

Virginia State Law Library

Virginia State Law Library

Virginia, Government of

Virginia State Family& Education, Business, Website Services

Warrant in Debt

[Form  DC-412]

Warrant in Detinue

[Form DC-414]

Warranty

A representation made or implied in connection with the sale of goods.

Will

A written document that gives instruction on how a person wants his/her property distributed after death.

Zip Codes

Zip Codes