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The District Court for the Middle District of Alabama is a district court.ĭistrict judge: A federal judge appointed to serve for life by the President and confirmed by the Senate to serve in a district court under Article III of the Constitution.ĭocket: A brief written chronological list of what has happened in a case that is maintained by the Clerk of Court. Examples include a motion to dismiss or a motion for summary judgment.ĭistrict court: The court in the federal system where most actions start. It may also refer to the actual information collected during this process, which may include copies of documents, written answers to questions, or depositions.ĭispositive motion: A motion that, if granted, would end a portion of a case or end an entire case. Generally, this happens in-person, and although similar to testifying in court, this generally takes place in a lawyer’s office.ĭiscovery: The phase of a civil case where each party collects information about the case from the other side. Damages may be compensatory (to compensate for a loss or injury) or punitive (to punish or deter future misconduct).ĭefault judgment: Judgment entered in favor of the plaintiff and against a defendant when the defendant fails to answer or respond to a complaint.ĭefendant: In a civil case, this is the party being sued by the plaintiff.ĭeposition: A part of discovery where a witness or party answers questions under oath. If even one party does not consent to have a magistrate judge handle the case, the case will be handled by a district judge.ĭamages: Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. If all parties consent, the magistrate judge will handle all aspects of the case, including a jury trial, if necessary. Magistrate Judge: A form on which a party states whether he authorizes a United States Magistrate Judge to be the judge in the case. In this document, the plaintiff outlines his case and states what he would like to happen.Ĭonsent/Refusal to Proceed Before U.S. § 1920.Ĭomplaint: A written statement filed by the plaintiff to begin a lawsuit.
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It asks for basic information about a case and is used for keeping track of what types of cases are filed in federal court.Ĭosts: Money a court may award to a party who wins a lawsuit for expenses incurred by the winning party during the lawsuit for things such as filing fees, service of a summons or subpoena, court reporters, or witnesses. Additional information can be found at various websites such as or by consulting a legal dictionary.Īffidavit: A written or printed statement made under oath.Īmount in controversy: The amount of money at issue in a case.Īnswer: The document that a defendant files in response to a plaintiff’s complaint.īrief: A written statement submitted to a court that explains a party’s factual and legal arguments in support of a motion.Ĭivil case: A legal action where a plaintiff seeks some sort of relief from a defendant.Ĭivil cover sheet: A form submitted by the plaintiff along with a complaint. Simple definitions of some of the most common terms are below. Hammond 249 Cal.Rptr.3d 878 (2019).Courts and lawyers often use terms that have special meanings when used in the legal setting. A court can choose to dismiss a case with prejudice or without prejudice. State procedural rules often have similar provisions to FRCP. Additionally, under FRCP 41(b) a defendant can move to dismiss if a plaintiff fails to prosecute, comply with court rules, or court order. FRCP 12 provides the list of grounds for dismissal in federal court, which includes a lack of jurisdiction, improper service of process, failure to join a party, and a plaintiff’s failure to state a claim for relief.
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There are many reasons for a court to dismiss a case, both procedural and substantive.
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The court may dismiss a case in response to a defendant’s motion to dismiss or do so sua sponte (voluntarily). According to the Federal Rules of Civil Procedure ( FRCP) 41(a), a plaintiff may also voluntarily dismiss an action by choosing to drop the case or by reaching an out of court settlement with the defendant. Dismiss refers to the court’s decision to terminate a court case without imposing liability on the defendant.