Federal docket glossary (English–Spanish)

A lawsuit arising in or related to a bankruptcy case, of a type listed in Federal Rule of Bankruptcy Procedure 7001, that begins by filing a complaint with the court. Other disputes before the bankruptcy court are resolved as contested matters.

On a docket (an invented example): ADVERSARY CASE opened. COMPLAINT to determine the dischargeability of a debt, filed by a creditor.

Related terms: Bankruptcy, Complaint, Discharge.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

A written or printed statement made under oath. In federal matters, an unsworn declaration signed under penalty of perjury can generally be used in its place.

On a docket (an invented example): AFFIDAVIT in Support of the Motion for Default Judgment, filed by the plaintiff.

Related terms: Declaration, Affidavit of service, Exhibit.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 28 U.S.C. § 1746: Unsworn declarations under penalty of perjury (United States Code).

A sworn written statement, signed by the person who served court papers, that proves the service was made. Except when a U.S. marshal serves them, proof that a summons and complaint were served must be made by the server’s affidavit.

On a docket (an invented example): AFFIDAVIT of Service of the Summons and Complaint upon the defendant.

Related terms: Summons returned executed, Affidavit, Certificate of service, Summons.

Checked against: Federal Rules of Civil Procedure, Rule 4: Summons; Glossary of Legal Terms, United States Courts (uscourts.gov).

A new version of the complaint that changes, adds or removes claims, facts or parties. Under the federal rules a party may amend once early in the case as a matter of course; after that it needs the other side’s written consent or the court’s permission (leave), which the court should freely give when justice so requires.

On a docket (an invented example): AMENDED COMPLAINT against the defendants, filed by the plaintiff.

Related terms: Complaint, Answer, Motion to dismiss.

Checked against: Federal Rules of Civil Procedure, Rule 15: Amended and Supplemental Pleadings.

The defendant’s formal written response to a complaint in a civil case, setting out the grounds of its defense. It is one of the pleadings that the Federal Rules of Civil Procedure allow.

On a docket (an invented example): ANSWER to Complaint, filed by the defendant.

Related terms: Complaint, Defendant, Counterclaim, Motion to dismiss, Default.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 7: Pleadings Allowed; Form of Motions and Other Papers.

A request by a party that lost on one or more issues asking a higher court (an appellate court) to review the decision and determine whether it was correct. The party that appeals is the appellant; the party that opposes the appeal is the appellee.

On a docket (an invented example): TRANSMITTAL of the Notice of Appeal and the docket sheet to the court of appeals.

Related terms: Notice of appeal, Appellee, USCA mandate, Remand, Opinion.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The party who opposes an appeal and seeks to persuade the court of appeals to affirm the lower court’s decision. The party who appeals is the appellant.

On a docket (an invented example): Plaintiff - Appellee

Related terms: Appeal, Notice of appeal, Plaintiff, Defendant.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

A form of alternative dispute resolution in which an arbitrator, a neutral decision maker, listens to each party’s presentation and then decides the legal issues in the dispute. Depending on what the parties agreed beforehand, the decision may be binding or nonbinding.

On a docket (an invented example): MOTION to Compel Arbitration and Stay Proceedings, filed by the defendant.

Related terms: Mediation, Settlement agreement, Stay.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

Money paid for a lawyer’s work. In federal civil cases, a claim asking that the other side pay a party’s attorney’s fees and related expenses must be made by motion, unless the governing law requires the fees to be proved at trial as part of the damages. These fees are separate from the costs the clerk taxes in a bill of costs.

On a docket (an invented example): MOTION for Attorney Fees, filed by the plaintiff.

Related terms: Bill of costs, Judgment, Motion for sanctions.

Checked against: Federal Rules of Civil Procedure, Rule 54: Judgment; Costs.

An injunction that usually takes effect automatically when a bankruptcy case is filed. It stops actions such as lawsuits, foreclosures, garnishments and most collection activities against the debtor and the property of the bankruptcy estate. The Bankruptcy Code lists exceptions; for example, it does not stop a criminal action against the debtor.

On a docket (an invented example): NOTICE of Bankruptcy and of the Automatic Stay, filed by the defendant.

Related terms: Relief from stay, Stay, Voluntary petition, Bankruptcy.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 362: Automatic stay (United States Code).

A federal court case under title 11 of the U.S. Code, the Bankruptcy Code, in which people or businesses that cannot pay their debts liquidate or reorganize their assets and liabilities, or seek the court’s help in connection with a foreign insolvency proceeding. Federal courts have exclusive jurisdiction over these cases, bankruptcy judges preside over them, and certain debtors can obtain a discharge of their debts.

On a docket (an invented example): NOTICE of Bankruptcy filing, filed by the defendant.

Related terms: Chapter 7, Chapter 11, Chapter 13, Automatic stay, Discharge, Trustee.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

A trial decided by a judge without a jury. In federal civil cases, issues on which no jury trial was properly demanded are tried by the court.

On a docket (an invented example): Minute Entry for the BENCH TRIAL held before the judge.

Related terms: Jury trial, Jury demand, Judgment.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 39: Trial by Jury or by the Court.

The prevailing party’s itemized request to recover its court costs, other than attorney’s fees, from the other side. Unless a federal statute, the rules or a court order provides otherwise, those costs should be allowed to the prevailing party; the clerk taxes them, and the court may review the clerk’s action on motion.

On a docket (an invented example): BILL OF COSTS, filed by the defendant.

Related terms: Attorney fees, Judgment, Final judgment.

Checked against: Federal Rules of Civil Procedure, Rule 54: Judgment; Costs.

A written statement submitted in a trial court or appellate proceeding that explains one side’s legal and factual arguments.

On a docket (an invented example): BRIEF in Support of the Motion to Dismiss, filed by the defendant.

Related terms: Motion, Opinion, Appeal.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The certificate from an approved nonprofit budget and credit counseling agency showing that an individual debtor received the credit counseling briefing that individual debtors must generally complete in the 180 days before filing for bankruptcy under any chapter. The debtor files it with the court; the law provides some exceptions to the briefing requirement.

On a docket (an invented example): CERTIFICATE OF CREDIT COUNSELING, filed by the debtor.

Related terms: Voluntary petition, Discharge, Chapter 7, Chapter 13.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 109: Who may be a debtor (United States Code); 11 U.S.C. § 521: Debtor’s duties (United States Code).

A statement, filed with a court paper or soon after it, confirming that the paper was served on the other parties. Under the Federal Rules of Civil Procedure no certificate is needed when the paper is served by filing it through the court’s electronic-filing system; one is needed when a filed paper is served by other means, such as mail.

On a docket (an invented example): CERTIFICATE OF SERVICE by the defendant regarding the Answer to Complaint.

Related terms: Affidavit of service, Summons, Motion.

Checked against: Federal Rules of Civil Procedure, Rule 5: Serving and Filing Pleadings and Other Papers.

The chapter of the Bankruptcy Code under which a debtor, usually a business such as a corporation or partnership, reorganizes (or, less often, liquidates) under a plan that governs the repayment of its debts. Individuals may also file under Chapter 11, and eligible small business debtors may elect Subchapter V.

On a docket (an invented example): Chapter 11 VOLUNTARY PETITION (Non-Individual), filed by the debtor.

Related terms: Chapter 11 plan, Disclosure statement, Subchapter V, Confirmation hearing, Chapter 7.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The detailed proposal in a Chapter 11 case for how claims and interests will be paid or otherwise treated, usually filed by the debtor; for a time only the debtor may file one. Votes on it may be solicited only after creditors receive a disclosure statement approved by the court, and it takes effect only if the court confirms it.

On a docket (an invented example): CHAPTER 11 PLAN of Reorganization, filed by the debtor.

Related terms: Chapter 11, Disclosure statement, Confirmation hearing, Subchapter V.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 1121: Who may file a plan (United States Code); 11 U.S.C. § 1125: Postpetition disclosure and solicitation (United States Code).

The chapter of the Bankruptcy Code for adjusting the debts of a “family farmer” or “family fisherman,” as the Code defines those terms. A family farmer can be an individual, an individual and spouse, a corporation or a partnership engaged in farming that meets certain debt limits and other criteria.

On a docket (an invented example): Chapter 12 VOLUNTARY PETITION, filed by the debtors.

Related terms: Chapter 13, Bankruptcy, Voluntary petition.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The chapter of the Bankruptcy Code for adjusting the debts of an individual with regular income under a court-approved plan. It allows the debtor to keep certain property and pay debts over time, usually three to five years, while a Chapter 13 trustee receives the plan payments and pays creditors.

On a docket (an invented example): Chapter 13 VOLUNTARY PETITION for Individuals, filed by the debtor.

Related terms: Chapter 13 plan, Confirmation hearing, Trustee, Discharge, Chapter 7.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The debtor’s proposal, filed in a Chapter 13 case, for paying creditors over time out of future earnings or other future income placed under the trustee’s supervision and control. It says how each claim will be paid or otherwise treated, and it takes effect only if the court confirms it.

On a docket (an invented example): CHAPTER 13 PLAN, filed by the debtor.

Related terms: Chapter 13, Confirmation hearing, Trustee, Proof of claim.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 1321: Filing of plan (United States Code); 11 U.S.C. § 1322: Contents of plan (United States Code).

The chapter of the Bankruptcy Code for international insolvency cases. A Chapter 15 case is started by the representative that a foreign court appointed to protect the U.S. property of a debtor in an insolvency proceeding in another country.

On a docket (an invented example): Chapter 15 PETITION for Recognition of a Foreign Proceeding, filed by the foreign representative.

Related terms: Bankruptcy, Chapter 11.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The chapter of the Bankruptcy Code that provides for liquidation: the sale of the debtor’s nonexempt property and the distribution of the proceeds to creditors. A Chapter 7 trustee reviews the debtor’s petition and schedules, liquidates the property of the estate and makes distributions to creditors.

On a docket (an invented example): Chapter 7 VOLUNTARY PETITION for Individuals, filed by the debtor.

Related terms: Voluntary petition, Trustee, Discharge, Meeting of creditors, Chapter 13.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The chapter of the Bankruptcy Code for adjusting the debts of eligible municipalities, which may include cities and towns, villages, counties, taxing districts, municipal utilities, school districts and other subdivisions of a state.

On a docket (an invented example): Chapter 9 VOLUNTARY PETITION, filed by the debtor municipality.

Related terms: Chapter 11, Bankruptcy, Voluntary petition.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

Form JS 44, submitted with each civil complaint filed in a federal district court. The clerk uses it to start the civil docket: it lists the parties and their lawyers, the basis of the court’s jurisdiction, the nature of the suit, whether the case is new or comes from another court, and whether a jury is demanded. It does not replace the complaint or any other filing the law requires.

On a docket (an invented example): COMPLAINT against the defendant, filed by the plaintiff. (Attachments: # 1 Civil Cover Sheet)

Related terms: Complaint, Federal question, Diversity of citizenship, Jury demand.

Checked against: Civil Cover Sheet, form JS 44, and its instructions, United States Courts (uscourts.gov).

The document that starts a civil case. The plaintiff files it with the court to state why the court can decide the dispute, what the defendant allegedly did wrong and what relief the plaintiff asks for. In a criminal case the word means something else: a sworn charge filed by the government.

On a docket (an invented example): COMPLAINT against the defendant, filed by the plaintiff. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)

Related terms: Plaintiff, Defendant, Summons, Civil cover sheet, Answer, Amended complaint.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 3: Commencing an Action.

The hearing at which the bankruptcy judge decides whether to confirm (approve) a Chapter 11 or Chapter 13 plan. The court holds it after notice, and any party in interest, such as a creditor, may object to confirmation.

On a docket (an invented example): CONFIRMATION HEARING held. The Chapter 13 plan is confirmed.

Related terms: Chapter 13 plan, Chapter 11 plan, Disclosure statement, Trustee.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 1128: Confirmation hearing (United States Code); 11 U.S.C. § 1324: Confirmation hearing (United States Code).

A statement that a nongovernmental corporation that is a party, or that asks to intervene, files to identify any parent corporation and any publicly held corporation owning 10% or more of its stock, or to state that there is none. It is filed with the corporation’s first appearance or filing in the case and updated if the information changes.

On a docket (an invented example): CORPORATE DISCLOSURE STATEMENT by the defendant. No parent corporation identified.

Related terms: Motion to intervene, Diversity of citizenship, Answer.

Checked against: Federal Rules of Civil Procedure, Rule 7.1: Disclosure Statement.

A claim that a party, usually the defendant, makes in the same case against the party that sued it. Under the federal rules, a claim that arises from the same events as the opposing party’s claim generally must be raised as a counterclaim; other claims may be.

On a docket (an invented example): ANSWER to Complaint with COUNTERCLAIM against the plaintiff, filed by the defendant.

Related terms: Answer, Crossclaim, Third-party complaint, Complaint.

Checked against: Federal Rules of Civil Procedure, Rule 13: Counterclaim and Crossclaim.

People or businesses to which a debtor owes money, or that claim to be owed money by the debtor. In a bankruptcy case, creditors may file proofs of claim, question the debtor at the meeting of creditors and object to matters such as confirmation of a plan or the debtor’s discharge.

On a docket (an invented example): CREDITOR MATRIX, filed by the debtor.

Related terms: Proof of claim, Meeting of creditors, Involuntary petition, Objection to claim.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 501: Filing of proofs of claims or interests (United States Code); 11 U.S.C. § 1128: Confirmation hearing (United States Code).

A claim that one party makes against a co-party, a party on the same side such as another defendant, arising from the same events as the original action or a counterclaim, or concerning property at issue in the action. It may claim that the co-party is liable for all or part of what is claimed against the party that files it.

On a docket (an invented example): ANSWER to Complaint with CROSSCLAIM against a co-defendant, filed by the defendant.

Related terms: Counterclaim, Third-party complaint, Answer.

Checked against: Federal Rules of Civil Procedure, Rule 13: Counterclaim and Crossclaim.

A written statement that the signer subscribes as true under penalty of perjury and dates, without swearing before an official such as a notary. Under federal law it can generally be used wherever a sworn statement or affidavit is required or permitted (with exceptions such as depositions), if it uses substantially the words “I declare under penalty of perjury that the foregoing is true and correct.”

On a docket (an invented example): DECLARATION of a witness in Support of the Motion for Summary Judgment, filed by the defendant.

Related terms: Affidavit, Exhibit, Motion for summary judgment.

Checked against: 28 U.S.C. § 1746: Unsworn declarations under penalty of perjury (United States Code).

A court’s decision declaring the rights and legal obligations of the parties in an actual controversy, to resolve legal uncertainty, whether or not other relief is sought. Federal courts can grant one under 28 U.S.C. § 2201, following the procedure of Rule 57 of the Federal Rules of Civil Procedure.

On a docket (an invented example): COMPLAINT for Declaratory Judgment against the defendant, filed by the plaintiff.

Related terms: Judgment, Complaint, Injunction.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 28 U.S.C. § 2201: Creation of remedy (United States Code); Federal Rules of Civil Procedure, Rule 57: Declaratory Judgment.

The status of a party that has failed to plead or otherwise defend against a claim, such as a defendant that never answers the complaint. Once that failure is shown, the clerk enters the party’s default, which can lead to a default judgment; the court may set aside an entry of default for good cause.

On a docket (an invented example): REQUEST for Entry of Default as to the defendant, filed by the plaintiff.

Related terms: Entry of default, Default judgment, Motion for default judgment, Answer.

Checked against: Federal Rules of Civil Procedure, Rule 55: Default; Default Judgment.

A judgment entered for the plaintiff because the defendant failed to answer or appear to contest the claim. Under the federal rules the clerk may enter it when the claim is for a sum certain and the defaulted defendant never appeared (and is not a minor or an incompetent person); in all other cases the plaintiff must apply to the court.

On a docket (an invented example): DEFAULT JUDGMENT in favor of the plaintiff against the defendant. Signed by the judge.

Related terms: Default, Entry of default, Motion for default judgment, Judgment, Summons.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 55: Default; Default Judgment.

In a civil case, the person or entity that the plaintiff sues; in a criminal case, the person accused of the crime.

On a docket (an invented example): ANSWER to Complaint, filed by the defendant.

Related terms: Plaintiff, Answer, Summons, Counterclaim.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

An oral statement made under oath before an officer authorized to administer oaths, in answer to questions from the parties or their lawyers. It is used to examine potential witnesses, to obtain discovery or later at trial; in federal civil cases the party taking it gives written notice to every other party, and a witness’s attendance can be compelled by subpoena.

On a docket (an invented example): NOTICE of Deposition of a witness, filed by the plaintiff.

Related terms: Discovery, Transcript, Stipulation, Protective order.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 30: Depositions by Oral Examination.

The release of a debtor from personal liability for certain debts, which also bars creditors from taking any action to collect them. Some debts, such as certain taxes and student loans, cannot be discharged. The bankruptcy court grants it: in Chapter 7 only to individuals, and in Chapter 13 generally after the debtor completes the plan payments.

On a docket (an invented example): ORDER DISCHARGING DEBTOR. Signed by the bankruptcy judge.

Related terms: Chapter 7, Chapter 13, Reaffirmation agreement, Certificate of credit counseling, Proof of claim.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 727: Discharge (United States Code); 11 U.S.C. § 1328: Discharge (United States Code).

A written document prepared by the proponent of a Chapter 11 plan to give creditors “adequate information” to evaluate the plan. The court must approve it, after notice and a hearing, before votes on the plan can be solicited.

On a docket (an invented example): DISCLOSURE STATEMENT for the Chapter 11 plan, filed by the debtor.

Related terms: Chapter 11 plan, Chapter 11, Confirmation hearing.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 1125: Postpetition disclosure and solicitation (United States Code).

The pretrial process in which each side obtains information about the other side’s case, with tools such as depositions, interrogatories (written questions), requests for admission and requests for documents. In federal civil cases it covers any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case.

On a docket (an invented example): JOINT DISCOVERY / CASE MANAGEMENT PLAN, filed by all parties.

Related terms: Deposition, Initial disclosures, Motion to compel, Protective order, Scheduling order.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 26: Duty to Disclose; General Provisions Governing Discovery.

The ending of a case, or of some claims in it, by court order or by the plaintiff’s own filing. A dismissal “with prejudice” prevents the same lawsuit from being filed again; one “without prejudice” allows a later filing. Besides voluntary dismissals, the court may dismiss when the plaintiff fails to prosecute the case or to comply with the rules or a court order.

On a docket (an invented example): ORDER OF DISMISSAL without prejudice. Signed by the judge.

Related terms: Motion to dismiss, Notice of voluntary dismissal, Stipulation of dismissal, Judgment.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 41: Dismissal of Actions.

A basis of federal jurisdiction over a civil case between citizens of different states, and over certain cases involving citizens of other countries, when the amount in controversy exceeds $75,000, not counting interest and costs (28 U.S.C. § 1332). When it is the basis, the civil cover sheet also records the citizenship of the parties.

On a docket (an invented example): Jurisdiction: Diversity

Related terms: Federal question, Civil cover sheet, Notice of removal, Corporate disclosure statement.

Checked against: 28 U.S.C. § 1332: Diversity of citizenship; amount in controversy; costs (United States Code); Civil Cover Sheet, form JS 44, and its instructions, United States Courts (uscourts.gov).

The clerk’s docket entry declaring that a party is in default because it failed to plead or otherwise defend, once that failure is shown by affidavit or otherwise. It is the step before a default judgment, and the court may set it aside for good cause.

On a docket (an invented example): Clerk’s ENTRY OF DEFAULT as to the defendant.

Related terms: Default, Default judgment, Motion for default judgment.

Checked against: Federal Rules of Civil Procedure, Rule 55: Default; Default Judgment; Federal Rules of Civil Procedure, Rule 77: Conducting Business; Clerk’s Authority; Notice of an Order or Judgment.

A document or other item attached to a filing or offered as evidence at a hearing or trial. A copy of a written instrument that is an exhibit to a pleading is part of the pleading for all purposes, and the exhibits submitted in a case are part of its record.

On a docket (an invented example): DECLARATION in Support of the Motion for Summary Judgment. (Attachments: # 1 Exhibit A, # 2 Exhibit B)

Related terms: Exhibit list, Declaration, Affidavit, Sealed document.

Checked against: Federal Rules of Civil Procedure, Rule 10: Form of Pleadings; Glossary of Legal Terms, United States Courts (uscourts.gov).

A list, served and filed before trial, identifying each document or other exhibit a party may present at trial, separating those it expects to offer from those it may offer if the need arises. In federal civil cases it is part of the pretrial disclosures each party must make.

On a docket (an invented example): EXHIBIT LIST by the plaintiff.

Related terms: Exhibit, Witness list, Pretrial order, Jury trial.

Checked against: Federal Rules of Civil Procedure, Rule 26: Duty to Disclose; General Provisions Governing Discovery.

More time, granted by the court, to do something that has a deadline, such as filing an answer or a response. Under the federal rules the court may extend a deadline for good cause if asked before it expires; after it expires, only on motion and if the delay was due to excusable neglect. Some deadlines, such as those of certain motions after judgment, cannot be extended.

On a docket (an invented example): ORDER granting the Motion for Extension of Time to File Answer. Signed by the judge.

Related terms: Motion, Order, Answer, Scheduling order.

Checked against: Federal Rules of Civil Procedure, Rule 6: Computing and Extending Time; Time for Motion Papers.

A basis of a federal district court’s jurisdiction over a civil case: the case arises under the U.S. Constitution, an act of Congress or a treaty of the United States (28 U.S.C. § 1331). It is one of the bases of jurisdiction marked on the civil cover sheet; when the United States is a party, the U.S. government box is marked instead.

On a docket (an invented example): Jurisdiction: Federal Question

Related terms: Diversity of citizenship, Civil cover sheet, Notice of removal.

Checked against: Civil Cover Sheet, form JS 44, and its instructions, United States Courts (uscourts.gov); 28 U.S.C. § 1331: Federal question (United States Code); Glossary of Legal Terms, United States Courts (uscourts.gov).

The judgment that ends the case in the trial court by deciding all the claims of all the parties. In a case with several claims or parties, the court may enter a final judgment on only some of them only if it expressly determines that there is no just reason for delay.

On a docket (an invented example): FINAL JUDGMENT in favor of the defendant. Signed by the judge.

Related terms: Judgment, Notice of appeal, Motion for new trial.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 54: Judgment; Costs.

Latin for “you have the body”: a court order requiring the authorities who hold a prisoner to produce the prisoner and justify the continued confinement. Federal courts receive habeas petitions from state prisoners who say their prosecution violated federally protected rights, and from federal prisoners.

On a docket (an invented example): PETITION for Writ of Habeas Corpus, filed by the petitioner.

Related terms: Proceed in forma pauperis, Report and recommendation, Appeal.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

Basic information each party must give the others early in a federal civil case, without waiting to be asked: the people likely to have information it may use to support its claims or defenses, the documents and things it may use, a computation of the damages it claims, and any insurance that may cover a judgment. They are exchanged between the parties and are not filed with the court until they are used in the case or the court orders it.

On a docket (an invented example): NOTICE of Service of Initial Disclosures by the defendant.

Related terms: Discovery, Witness list, Exhibit list, Scheduling order.

Checked against: Federal Rules of Civil Procedure, Rule 26: Duty to Disclose; General Provisions Governing Discovery; Federal Rules of Civil Procedure, Rule 5: Serving and Filing Pleadings and Other Papers.

A court order preventing one or more named parties from taking some action. In federal civil cases it can be short-term (a temporary restraining order), preliminary (before the case is decided) or permanent; Rule 65 of the Federal Rules of Civil Procedure sets the procedure for the first two.

On a docket (an invented example): COMPLAINT for Injunctive Relief against the defendant, filed by the plaintiff.

Related terms: Temporary restraining order, Preliminary injunction, Permanent injunction, Declaratory judgment.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 65: Injunctions and Restraining Orders.

A petition filed by creditors, rather than by the debtor, to start a bankruptcy case against the debtor. It is allowed only under Chapter 7 or Chapter 11, and the creditors who file it must meet requirements of the Bankruptcy Code, such as holding claims that are not contingent or the subject of a bona fide dispute.

On a docket (an invented example): INVOLUNTARY PETITION under Chapter 7 against the debtor, filed by the petitioning creditors.

Related terms: Voluntary petition, Creditors, Chapter 7, Chapter 11.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 303: Involuntary cases (United States Code).

The official decision of a court finally resolving the dispute between the parties. In the federal civil rules, “judgment” includes a decree and any order from which an appeal lies, and every judgment must generally be set out in a separate document.

On a docket (an invented example): JUDGMENT in favor of the plaintiff against the defendant.

Related terms: Final judgment, Default judgment, Summary judgment, Notice of appeal, Bill of costs.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 54: Judgment; Costs; Federal Rules of Civil Procedure, Rule 58: Entering Judgment.

A judgment decided only on what the pleadings say, such as the complaint and the answer. A party may ask for it after the pleadings are closed, early enough not to delay trial; if the court considers matters outside the pleadings, the motion is treated as one for summary judgment.

On a docket (an invented example): MOTION for Judgment on the Pleadings, filed by the defendant.

Related terms: Motion to dismiss, Summary judgment, Answer, Complaint.

Checked against: Federal Rules of Civil Procedure, Rule 12: Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing; Glossary of Legal Terms, United States Courts (uscourts.gov).

A party’s written request that the issues a jury can decide be tried by a jury. It may be included in a pleading, such as the complaint or the answer, and must be served and filed on time; otherwise the right to a jury is waived. When a jury has been properly demanded, the clerk enters the word “jury” on the docket.

On a docket (an invented example): JURY DEMAND by the defendant.

Related terms: Jury trial, Bench trial, Civil cover sheet, Answer.

Checked against: Federal Rules of Civil Procedure, Rule 38: Right to a Jury Trial; Demand; Federal Rules of Civil Procedure, Rule 39: Trial by Jury or by the Court; Federal Rules of Civil Procedure, Rule 79: Records Kept by the Clerk.

A trial in which a jury, a group of local citizens selected by the court, hears the evidence and decides the facts with its verdict, following the judge’s instructions on the law. Federal criminal juries have 12 members and federal civil juries at least six; in a civil case a party must demand a jury on time.

On a docket (an invented example): Minute Entry for the JURY TRIAL held, day 1.

Related terms: Jury demand, Bench trial, Motion in limine, Motion for new trial.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 38: Right to a Jury Trial; Demand.

A claim or charge on property that secures payment of a debt or performance of an obligation. A creditor with a lien securing its claim is a secured creditor; home mortgages, auto loans and tax liens are examples of debts backed by a lien.

On a docket (an invented example): MOTION to Avoid Lien on exempt property, filed by the debtor.

Related terms: Relief from stay, Reaffirmation agreement, Statement of intention, Writ of execution.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

An informal process in which a mediator facilitates negotiations between the parties to help them resolve their dispute. It is the method of alternative dispute resolution (ADR) most commonly used in the federal district courts; unlike an arbitrator, the mediator does not decide the case.

On a docket (an invented example): MEDIATOR REPORT: mediation held; the parties reached an impasse.

Related terms: Arbitration, Settlement agreement, Settlement conference.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The meeting required by section 341 of the Bankruptcy Code, also called the 341 meeting, at which the debtor answers questions under oath from the trustee and any creditors present about the debtor’s financial affairs. The U.S. trustee convenes and presides over it within a reasonable time after the order for relief; the bankruptcy judge may not preside over or attend it.

On a docket (an invented example): MEETING OF CREDITORS: section 341(a) meeting held and concluded.

Related terms: Trustee, Proof of claim, Creditors, Voluntary petition.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 341: Meetings of creditors and equity security holders (United States Code).

A request by a party asking the judge to decide an issue in the case. In federal civil cases any request for a court order is made by motion, which must be in writing (unless made during a hearing or trial), state its grounds with particularity and say what relief is sought.

On a docket (an invented example): MOTION for Extension of Time to File Answer, filed by the defendant.

Related terms: Order, Motion to dismiss, Motion for summary judgment, Extension of time, Brief.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 7: Pleadings Allowed; Form of Motions and Other Papers.

A plaintiff’s application asking the court to enter a default judgment against a party in default, needed when the clerk cannot enter it, for example because the amount claimed is not a sum certain. If the defaulted party has appeared in the case, it must receive written notice before the hearing, and the court may hold a hearing to determine damages or establish facts by evidence.

On a docket (an invented example): MOTION for Default Judgment against the defendant, filed by the plaintiff. (Attachments: # 1 Affidavit, # 2 Proposed Order)

Related terms: Default judgment, Entry of default, Default, Motion.

Checked against: Federal Rules of Civil Procedure, Rule 55: Default; Default Judgment.

A request, filed after a trial, asking the court to set aside the result and try all or some of the issues again. Federal courts may grant a new trial for the reasons federal courts have traditionally accepted, after a jury trial or a trial before the judge, and the motion must be filed within a short time after judgment is entered.

On a docket (an invented example): MOTION for New Trial, filed by the plaintiff.

Related terms: Jury trial, Bench trial, Judgment, Notice of appeal.

Checked against: Federal Rules of Civil Procedure, Rule 59: New Trial; Altering or Amending a Judgment.

A request asking the court to penalize a party or lawyer for breaking the rules, for example for filing papers that violate Rule 11 of the Federal Rules of Civil Procedure or for disobeying a discovery order. Sanctions range from paying expenses, including attorney’s fees, to striking pleadings, dismissing claims or entering a default judgment.

On a docket (an invented example): MOTION for Sanctions, filed by the defendant.

Related terms: Motion to compel, Discovery, Motion, Default judgment.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 11: Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions; Federal Rules of Civil Procedure, Rule 37: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions.

A request for judgment without a trial on all or part of a claim or defense. The court grants it when the party asking shows that there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law; the facts are supported with materials in the record, such as depositions, documents, affidavits or declarations.

On a docket (an invented example): MOTION for Summary Judgment, filed by the defendant. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit)

Related terms: Summary judgment, Motion, Declaration, Exhibit.

Checked against: Federal Rules of Civil Procedure, Rule 56: Summary Judgment.

A motion filed before trial asking the court to bar the other side from presenting, or even mentioning, certain evidence, on the ground that it is so prejudicial that nothing the judge does could keep the jury from being unduly influenced.

On a docket (an invented example): MOTION in Limine to exclude expert testimony, filed by the plaintiff.

Related terms: Jury trial, Pretrial conference, Exhibit list, Motion.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

A request asking the court to order a party or another person to make a required disclosure or to respond to discovery, for example to answer interrogatories or produce documents. The motion must certify that the party filing it tried in good faith to obtain what it asks for without court action.

On a docket (an invented example): MOTION to Compel Discovery Responses, filed by the plaintiff.

Related terms: Discovery, Motion for sanctions, Protective order, Initial disclosures.

Checked against: Federal Rules of Civil Procedure, Rule 37: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions.

A request that the court dismiss a claim or the whole case without a trial. In federal civil cases a defendant may raise certain defenses this way before answering, such as lack of jurisdiction, improper venue, defects in service, or failure to state a claim upon which relief can be granted.

On a docket (an invented example): MOTION to Dismiss for Failure to State a Claim, filed by the defendant.

Related terms: Dismissal, Answer, Motion, Judgment on the pleadings, Amended complaint.

Checked against: Federal Rules of Civil Procedure, Rule 12: Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing.

A request by someone who is not a party to join an existing case. Federal courts must allow it, on a timely motion, when a federal statute gives an unconditional right to intervene or when the person has an interest in the subject of the case that the case could impair and that the parties do not adequately represent; they may allow it in other cases, such as when the person’s claim or defense shares a common question of law or fact with the case.

On a docket (an invented example): MOTION to Intervene, filed by a proposed intervenor.

Related terms: Motion, Corporate disclosure statement, Complaint.

Checked against: Federal Rules of Civil Procedure, Rule 24: Intervention.

A request asking a federal court to send a case removed from a state court back to that state court, for example because the removal was defective or the federal court lacks jurisdiction over the case. If the court lacks subject-matter jurisdiction, the case must be remanded at any time before final judgment.

On a docket (an invented example): MOTION to Remand to State Court, filed by the plaintiff.

Related terms: Notice of removal, Remand, Motion.

Checked against: 28 U.S.C. § 1447: Procedure after removal generally (United States Code).

A request asking the court for permission to file a document under seal, so that it is kept out of the public record. The court may order that a filing be made under seal, and may later unseal it or have a redacted version filed for the public record.

On a docket (an invented example): MOTION for Leave to File Exhibit Under Seal, filed by the defendant.

Related terms: Sealed document, Protective order, Exhibit.

Checked against: Federal Rules of Civil Procedure, Rule 5.2: Privacy Protection For Filings Made with the Court.

A request asking the court to remove material from a pleading, such as an insufficient defense or any redundant, immaterial, impertinent or scandalous matter. The court may also strike such material on its own.

On a docket (an invented example): MOTION to Strike Affirmative Defenses, filed by the plaintiff.

Related terms: Answer, Motion, Motion to dismiss.

Checked against: Federal Rules of Civil Procedure, Rule 12: Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing.

A request to move a case to a different federal district or division. Venue is the geographic area where a case is filed and heard; a federal court may transfer a civil case, for the convenience of parties and witnesses and in the interest of justice, to a district where it could have been brought or to one that all parties have consented to.

On a docket (an invented example): MOTION to Transfer Venue to another district, filed by the defendant.

Related terms: Multidistrict litigation transfer, Motion, Notice of removal.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 28 U.S.C. § 1404: Change of venue (United States Code).

The transfer of a civil case to another district to be handled together with similar cases, ordered by the Judicial Panel on Multidistrict Litigation when cases pending in different districts share common questions of fact. The transfer is for coordinated or consolidated pretrial proceedings; a transferred case that has not ended by then is sent back to the district it came from.

On a docket (an invented example): TRANSFER ORDER of the Judicial Panel on Multidistrict Litigation, transferring the case for coordinated pretrial proceedings.

Related terms: Motion to transfer venue, Remand, Civil cover sheet.

Checked against: 28 U.S.C. § 1407: Multidistrict litigation (United States Code); Civil Cover Sheet, form JS 44, and its instructions, United States Courts (uscourts.gov).

The document that starts an appeal as of right from a federal district court to a court of appeals. It is filed with the district court clerk within the time the appellate rules allow; filing it on time is the only step on which the validity of the appeal depends.

On a docket (an invented example): NOTICE OF APPEAL to the court of appeals, filed by the defendant.

Related terms: Appeal, Appellee, Judgment, USCA mandate, Transcript.

Checked against: Federal Rules of Appellate Procedure, Rule 3: Appeal as of Right—How Taken.

The document a defendant files in a federal district court to move (“remove”) a civil case from a state court, when the federal court would have had jurisdiction over it. It states the grounds for removal and attaches copies of the process, pleadings and orders served on the defendant in the state case.

On a docket (an invented example): NOTICE OF REMOVAL from the state court, filed by the defendant. (Attachments: # 1 State Court Pleadings, # 2 Civil Cover Sheet)

Related terms: Motion to remand, Remand, Federal question, Diversity of citizenship.

Checked against: 28 U.S.C. § 1441: Removal of civil actions (United States Code); 28 U.S.C. § 1446: Procedure for removal of civil actions (United States Code).

A filing by which the plaintiff dismisses its own case without a court order. Under the federal rules it is available until the opposing party serves an answer or a motion for summary judgment. Unless the notice says otherwise the dismissal is without prejudice; but if the plaintiff previously dismissed an action based on the same claim, the notice operates as an adjudication on the merits.

On a docket (an invented example): NOTICE of Voluntary Dismissal without prejudice, filed by the plaintiff.

Related terms: Dismissal, Stipulation of dismissal, Answer, Motion for summary judgment.

Checked against: Federal Rules of Civil Procedure, Rule 41: Dismissal of Actions.

A challenge to a creditor’s proof of claim in a bankruptcy case, filed by a party in interest such as the debtor, the trustee or another creditor. A filed claim is deemed allowed unless someone objects; when there is an objection, the court determines the amount of the claim after notice and a hearing.

On a docket (an invented example): OBJECTION to the Claim of a creditor, filed by the trustee.

Related terms: Proof of claim, Creditors, Trustee.

Checked against: 11 U.S.C. § 502: Allowance of claims or interests (United States Code); Glossary of Legal Terms, United States Courts (uscourts.gov).

A judge’s written explanation of the court’s decision. On a court of appeals, one judge writes the opinion for all the judges or for the majority; judges who disagree may write a dissenting opinion, and those who agree with the result but add other reasons a concurring one. Only the majority opinion can serve as binding precedent.

On a docket (an invented example): MEMORANDUM OPINION AND ORDER granting the Motion for Summary Judgment. Signed by the judge.

Related terms: Order, Judgment, Appeal, Report and recommendation.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

A written decision or direction issued in a case, such as one granting or denying a motion or one setting the schedule. Parties ask for orders by motion. Orders come from the court, although the clerk may also act on some routine matters, such as entering a default. The clerk records each order on the docket with its substance and date.

On a docket (an invented example): ORDER granting the Motion to Compel. Signed by the judge.

Related terms: Motion, Judgment, Scheduling order, Entry of default.

Checked against: Federal Rules of Civil Procedure, Rule 7: Pleadings Allowed; Form of Motions and Other Papers; Federal Rules of Civil Procedure, Rule 16: Pretrial Conferences; Scheduling; Management; Federal Rules of Civil Procedure, Rule 56: Summary Judgment; Federal Rules of Civil Procedure, Rule 77: Conducting Business; Clerk’s Authority; Notice of an Order or Judgment; Federal Rules of Civil Procedure, Rule 79: Records Kept by the Clerk.

Copies of the pay stubs (payment advices) or other evidence of payment the debtor received from any employer in the 60 days before filing the bankruptcy petition, which the Bankruptcy Code requires the debtor to file unless the court orders otherwise. The docket label names either those copies or a certification about them.

On a docket (an invented example): PAY ADVICES OR CERTIFICATION, filed by the debtor.

Related terms: Schedules, Statement of financial affairs, Voluntary petition.

Checked against: 11 U.S.C. § 521: Debtor’s duties (United States Code).

An injunction that is neither temporary nor preliminary: a court order preventing one or more named parties from taking some action, issued once the judge determines that it is justified. A preliminary injunction often comes first, so that the judge can decide whether a permanent one is justified.

On a docket (an invented example): ORDER granting a permanent injunction against the defendant. Signed by the judge.

Related terms: Injunction, Preliminary injunction, Final judgment.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

The person, company or other entity that files a civil lawsuit. The party it sues is the defendant.

On a docket (an invented example): RESPONSE in Opposition to the Motion to Dismiss, filed by the plaintiff.

Related terms: Defendant, Complaint, Appellee.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

An injunction issued before the case is decided, often to allow fact-finding so that the judge can determine whether a permanent injunction is justified. Under the federal rules it can be issued only on notice to the opposing party, and the court may combine the hearing on it with the trial on the merits.

On a docket (an invented example): MOTION for Preliminary Injunction, filed by the plaintiff.

Related terms: Injunction, Temporary restraining order, Permanent injunction.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 65: Injunctions and Restraining Orders.

A meeting of the judge with the lawyers, or with the parties, before a trial, to discuss which matters will be presented, review the proposed evidence and witnesses, and set a trial schedule. The judge and the parties typically also discuss whether the case can be settled.

On a docket (an invented example): Minute Entry for the PRETRIAL CONFERENCE held before the judge. Trial date set.

Related terms: Pretrial order, Scheduling order, Settlement conference, Jury trial.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 16: Pretrial Conferences; Scheduling; Management.

The order a court issues after a pretrial conference reciting the action taken; it controls the course of the case unless the court modifies it. The order issued after the final pretrial conference, which sets the plan for trial, can be modified only to prevent manifest injustice.

On a docket (an invented example): FINAL PRETRIAL ORDER. Signed by the judge.

Related terms: Pretrial conference, Exhibit list, Witness list, Jury trial.

Checked against: Federal Rules of Civil Procedure, Rule 16: Pretrial Conferences; Scheduling; Management.

Permission from the court to start or pursue a case, or an appeal, without prepaying the court fees, because the person cannot pay them. The request is supported by an affidavit that lists the person’s assets; a prisoner who brings a civil action or appeal must also submit a certified copy of the prison trust fund account statement.

On a docket (an invented example): MOTION for Leave to Proceed in forma pauperis, filed by the plaintiff.

Related terms: Complaint, Affidavit, Notice of appeal, Habeas corpus.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 28 U.S.C. § 1915: Proceedings in forma pauperis (United States Code).

A creditor’s written statement, on an official form, describing why the debtor owes it money and usually stating the amount owed. Creditors file it in the bankruptcy case, and a filed claim is deemed allowed unless a party in interest objects.

On a docket (an invented example): PROOF OF CLAIM filed by an unsecured creditor.

Related terms: Objection to claim, Creditors, Meeting of creditors, Discharge.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 501: Filing of proofs of claims or interests (United States Code); 11 U.S.C. § 502: Allowance of claims or interests (United States Code).

In federal civil cases, a court order that limits discovery to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense: for example, forbidding certain discovery or setting its terms, such as requiring that confidential commercial information not be revealed or be revealed only in a specified way. The court may issue one for good cause.

On a docket (an invented example): STIPULATED PROTECTIVE ORDER governing confidential documents. Signed by the judge.

Related terms: Discovery, Motion to compel, Sealed document, Deposition.

Checked against: Federal Rules of Civil Procedure, Rule 26: Duty to Disclose; General Provisions Governing Discovery.

An agreement, usually between a Chapter 7 debtor and a secured creditor, in which the debtor agrees to keep paying a debt that could otherwise be discharged, such as a car loan, in exchange for keeping the collateral, such as the car. To be enforceable it must be made before the discharge is granted and filed with the court, among other requirements of the Bankruptcy Code.

On a docket (an invented example): REAFFIRMATION AGREEMENT between the debtor and a secured creditor, filed by the creditor.

Related terms: Discharge, Statement of intention, Chapter 7, Creditors.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 524: Effect of discharge (United States Code).

A bankruptcy court order that ends, modifies or conditions the automatic stay so that a creditor or other party in interest can take action against the debtor or the debtor’s property that the stay would otherwise prohibit. It is requested by motion, and the court grants it after notice and a hearing when a ground set by the Bankruptcy Code is met, such as cause.

On a docket (an invented example): MOTION for Relief from Stay regarding real property, filed by a secured creditor.

Related terms: Automatic stay, Stay, Creditors, Lien.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 362: Automatic stay (United States Code).

Sending a case back to another court for further proceedings: an appellate court remands a case to the lower court, and a federal district court remands a removed case to the state court it came from. In that second situation, the federal clerk mails a certified copy of the remand order to the clerk of the state court.

On a docket (an invented example): ORDER remanding the case to the state court. Certified copy of the order mailed to the state court clerk.

Related terms: Motion to remand, Notice of removal, Appeal, USCA mandate.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 28 U.S.C. § 1447: Procedure after removal generally (United States Code).

A magistrate judge’s written recommendation to the district judge on how to decide a matter that would dispose of a claim or defense, such as a motion to dismiss, with proposed findings of fact when appropriate. The parties may file written objections, and the district judge decides anew any part that has been properly objected to.

On a docket (an invented example): REPORT AND RECOMMENDATIONS regarding the Motion to Dismiss. Signed by the magistrate judge.

Related terms: Motion to dismiss, Opinion, Order.

Checked against: Federal Rules of Civil Procedure, Rule 72: Magistrate Judges: Pretrial Order; Glossary of Legal Terms, United States Courts (uscourts.gov).

Detailed lists the debtor files in a bankruptcy case with the petition, or shortly after, showing the debtor’s assets, liabilities and other financial information, such as current income and expenses. The Bankruptcy Code requires them unless the court orders otherwise.

On a docket (an invented example): SCHEDULES A/B through J, filed by the debtor.

Related terms: Statement of financial affairs, Voluntary petition, Pay advices or certification, Creditors.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 521: Debtor’s duties (United States Code).

The order a judge issues early in a federal civil case to set its deadlines: at least the time to join other parties, amend the pleadings, complete discovery and file motions, and possibly other matters such as the dates of pretrial conferences and trial. It is issued after the parties report on their discovery plan or after a scheduling conference, and it can be changed only for good cause and with the judge’s consent.

On a docket (an invented example): SCHEDULING ORDER setting discovery and motion deadlines. Signed by the judge.

Related terms: Pretrial conference, Discovery, Extension of time, Order.

Checked against: Federal Rules of Civil Procedure, Rule 16: Pretrial Conferences; Scheduling; Management.

A document filed under seal by court order and kept out of the public record. The court may later unseal it, or order the person who filed it to file a redacted version for the public record.

On a docket (an invented example): SEALED DOCUMENT filed by the defendant.

Related terms: Motion to seal, Protective order, Exhibit.

Checked against: Federal Rules of Civil Procedure, Rule 5.2: Privacy Protection For Filings Made with the Court.

The agreement by which the parties to a lawsuit resolve their dispute without a trial. Settlements often involve one party paying compensation that at least partly satisfies the other party’s claims, and usually do not include an admission of fault.

On a docket (an invented example): NOTICE of Settlement, filed by the parties.

Related terms: Settlement conference, Mediation, Stipulation of dismissal, Arbitration.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

A conference held to explore whether the parties can resolve the case without a trial. Facilitating settlement is one of the purposes of pretrial conferences in federal civil cases, and the court may require a party or its representative to be present or reasonably available to consider a possible settlement.

On a docket (an invented example): Minute Entry for the SETTLEMENT CONFERENCE held. The case did not settle.

Related terms: Settlement agreement, Mediation, Pretrial conference.

Checked against: Federal Rules of Civil Procedure, Rule 16: Pretrial Conferences; Scheduling; Management; Glossary of Legal Terms, United States Courts (uscourts.gov).

A detailed form the debtor completes and files in a bankruptcy case, answering in writing a series of questions about matters such as sources of income, transfers of property and lawsuits by creditors. The Bankruptcy Code requires it unless the court orders otherwise.

On a docket (an invented example): STATEMENT OF FINANCIAL AFFAIRS for Individuals, filed by the debtor.

Related terms: Schedules, Voluntary petition, Statement of intention.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 521: Debtor’s duties (United States Code).

A declaration by an individual Chapter 7 debtor telling the court and creditors what the debtor plans to do with property that secures a debt, such as surrendering it, redeeming it or reaffirming the debt, and with unexpired leases of personal property.

On a docket (an invented example): STATEMENT OF INTENTION, filed by the debtor.

Related terms: Reaffirmation agreement, Schedules, Chapter 7, Lien.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 521: Debtor’s duties (United States Code).

A suspension of a case, of part of it, or of the enforcement of a judgment, ordered by the court or automatic by law. For example, under the federal civil rules enforcement of a judgment is paused for a short period after it is entered and can be stayed longer with a bond; in bankruptcy, the automatic stay stops most collection actions against the debtor.

On a docket (an invented example): ORDER staying all proceedings pending the defendant’s bankruptcy case. Signed by the judge.

Related terms: Automatic stay, Relief from stay, Order, Judgment.

Checked against: Federal Rules of Civil Procedure, Rule 62: Stay of Proceedings to Enforce a Judgment; Glossary of Legal Terms, United States Courts (uscourts.gov).

An agreement between the parties on a point in the case: for example, on how discovery will proceed, on facts and documents so that they need not be proved, or to dismiss the case. Some stipulations need the court’s approval, such as one extending the time for discovery in a way that would interfere with the dates set for completing discovery, hearing a motion or trial.

On a docket (an invented example): STIPULATION regarding the deposition schedule, filed by all parties.

Related terms: Stipulation of dismissal, Discovery, Pretrial conference, Order.

Checked against: Federal Rules of Civil Procedure, Rule 29: Stipulations About Discovery Procedure; Federal Rules of Civil Procedure, Rule 16: Pretrial Conferences; Scheduling; Management; Federal Rules of Civil Procedure, Rule 41: Dismissal of Actions.

A document signed by all the parties who have appeared in the case, agreeing that it be dismissed. Under the federal rules it dismisses the case without a court order, and unless it says otherwise the dismissal is without prejudice.

On a docket (an invented example): STIPULATION of Dismissal with prejudice, signed by all parties.

Related terms: Stipulation, Dismissal, Notice of voluntary dismissal, Settlement agreement.

Checked against: Federal Rules of Civil Procedure, Rule 41: Dismissal of Actions.

One of the two special categories of Chapter 11 that eligible small business debtors may elect; the other is the small business case. Subchapter V cases are treated differently from a traditional Chapter 11 case mainly because of accelerated deadlines and the speed with which the plan is confirmed.

On a docket (an invented example): Chapter 11 VOLUNTARY PETITION (Non-Individual). The debtor elects to proceed under Subchapter V.

Related terms: Chapter 11, Chapter 11 plan, Confirmation hearing.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

A decision made without a trial, based on the statements and evidence in the record, when no factual dispute needs to be resolved: on the undisputed facts, one party is entitled to judgment as a matter of law. It may cover the whole case or only some claims or defenses (partial summary judgment).

On a docket (an invented example): ORDER granting in part the Motion for Summary Judgment. Signed by the judge.

Related terms: Motion for summary judgment, Judgment, Judgment on the pleadings, Jury trial.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 56: Summary Judgment.

The court document, signed by the clerk and bearing the court’s seal, that is served on the defendant together with a copy of the complaint. It names the court and the parties, states how long the defendant has to appear and defend, and warns that failing to do so will result in a default judgment.

On a docket (an invented example): SUMMONS Issued as to the defendant.

Related terms: Summons issued, Summons returned executed, Waiver of service, Complaint, Default judgment.

Checked against: Federal Rules of Civil Procedure, Rule 4: Summons; Glossary of Legal Terms, United States Courts (uscourts.gov).

A docket entry showing that the clerk signed, sealed and issued a summons to the plaintiff so that it can be served on a defendant. A summons is issued for each defendant to be served; issuing it is not the same as serving it.

On a docket (an invented example): SUMMONS Issued as to each defendant. (Attachments: # 1 Summons, # 2 Summons)

Related terms: Summons, Summons returned executed, Affidavit of service.

Checked against: Federal Rules of Civil Procedure, Rule 4: Summons.

A docket entry recording the proof that a summons was served (“executed”) on a defendant. Unless service is waived, proof of service must be made to the court, usually by the affidavit of the person who served it, and the clerk enters these returns on the docket.

On a docket (an invented example): SUMMONS Returned Executed as to the defendant.

Related terms: Summons, Summons issued, Affidavit of service, Waiver of service.

Checked against: Federal Rules of Civil Procedure, Rule 4: Summons; Federal Rules of Civil Procedure, Rule 79: Records Kept by the Clerk.

A judge’s short-term order, often called a TRO, forbidding certain actions until a full hearing can be held, such as a hearing on a preliminary injunction. Under the federal rules it can be issued without notice to the other side only if, among other requirements, sworn facts clearly show immediate and irreparable harm, and such an order lasts only a short, limited time unless it is extended.

On a docket (an invented example): ORDER granting the Motion for Temporary Restraining Order and setting a preliminary injunction hearing. Signed by the judge.

Related terms: Preliminary injunction, Injunction, Permanent injunction, Motion.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 65: Injunctions and Restraining Orders.

A complaint that a defendant files to bring into the case someone who is not yet a party but who is or may be liable to the defendant for all or part of the claim against it. The defendant then also acts as third-party plaintiff, and the new party becomes the third-party defendant.

On a docket (an invented example): THIRD PARTY COMPLAINT against a third-party defendant, filed by the defendant.

Related terms: Counterclaim, Crossclaim, Complaint, Summons.

Checked against: Federal Rules of Civil Procedure, Rule 14: Third-Party Practice.

A written, word-for-word record of what was said in a proceeding such as a trial, a hearing or an oral deposition. In court, a court reporter makes the record and produces the transcript on request.

On a docket (an invented example): TRANSCRIPT of the motion hearing held before the judge.

Related terms: Deposition, Jury trial, Notice of appeal.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov).

In a bankruptcy case, the person appointed to represent the interests of the bankruptcy estate. Depending on the chapter, the trustee may liquidate the estate’s property, make distributions to creditors, oversee the debtor’s plan and bring actions to recover property of the estate. The U.S. trustee, an officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, appoints the interim trustee of a Chapter 7 case and the trustee of a Chapter 13 case.

On a docket (an invented example): NOTICE of Appointment of Trustee, filed by the U.S. Trustee.

Related terms: Meeting of creditors, Chapter 7, Chapter 13 plan, Objection to claim.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 701: Interim trustee (United States Code); 11 U.S.C. § 1302: Trustee (United States Code).

The formal document a U.S. court of appeals (USCA) issues at the end of an appeal. Unless that court directs a formal mandate, it consists of a certified copy of its judgment, a copy of its opinion, if any, and any direction about costs. It takes effect when issued; the committee notes to the rule explain that the appellate judgment is not final until the mandate issues.

On a docket (an invented example): MANDATE of the court of appeals affirming the judgment of the district court.

Related terms: Notice of appeal, Appeal, Remand, Opinion.

Checked against: Federal Rules of Appellate Procedure, Rule 41: Mandate: Contents; Issuance and Effective Date; Stay.

The petition by which a debtor starts its own bankruptcy case under a chapter of the Bankruptcy Code. Filing it with the bankruptcy court starts the case and, by law, constitutes the order for relief under that chapter.

On a docket (an invented example): Chapter 7 VOLUNTARY PETITION for Individuals, filed by the debtor. (Attachments: # 1 Schedules, # 2 Statement of Financial Affairs)

Related terms: Involuntary petition, Automatic stay, Schedules, Chapter 7, Chapter 13.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); 11 U.S.C. § 301: Voluntary cases (United States Code).

A signed form by which a defendant agrees to do without formal service of the summons, after the plaintiff asks for it in writing. Once the plaintiff files the waiver, no proof of service is needed and the case goes on as if the defendant had been served. Waiving service does not waive objections to personal jurisdiction or venue.

On a docket (an invented example): WAIVER OF SERVICE Returned Executed by the defendant.

Related terms: Summons, Summons returned executed, Answer.

Checked against: Federal Rules of Civil Procedure, Rule 4: Summons.

A list, served and filed before trial, of the witnesses a party may present, separating those it expects to present from those it may call if the need arises, with contact details not given before. In federal civil cases it is part of the pretrial disclosures each party must make.

On a docket (an invented example): WITNESS LIST by the defendant.

Related terms: Exhibit list, Deposition, Pretrial order, Jury trial.

Checked against: Federal Rules of Civil Procedure, Rule 26: Duty to Disclose; General Provisions Governing Discovery.

A written order of the court used to enforce a money judgment. In federal court a money judgment is enforced by a writ of execution unless the court directs otherwise, and the procedure follows the law of the state where the court sits, except where a federal statute applies.

On a docket (an invented example): WRIT OF EXECUTION issued on the judgment against the defendant.

Related terms: Writ of garnishment, Judgment, Lien.

Checked against: Federal Rules of Civil Procedure, Rule 69: Execution; Glossary of Legal Terms, United States Courts (uscourts.gov).

A court order in a garnishment proceeding, in which a creditor seeks to have part of what is owed to the debtor, for example the debtor’s future wages, paid to the creditor for the debt. Garnishment is one of the state-law remedies available in federal court, and money judgments are enforced with the procedure of the state where the court sits unless a federal statute applies.

On a docket (an invented example): WRIT OF GARNISHMENT issued as to the garnishee.

Related terms: Writ of execution, Judgment, Lien.

Checked against: Glossary of Legal Terms, United States Courts (uscourts.gov); Federal Rules of Civil Procedure, Rule 64: Seizing a Person or Property; Federal Rules of Civil Procedure, Rule 69: Execution.