Appearance By Plaintiff

Question 1

Action

Answer 1

lawsuit, court case

Question 2

Allegation

Answer 2

statement asserted to be true

Question 3

Alternative Dispute Resolution (“ADR”)

Answer 3

dispute resolution process intended to expedite resolution and reduce costs, e.g., arbitration or mediation

Question 4

Appear

Answer 4

to enter a lawsuit

Question 5

Appearance fee

Answer 5

sum paid to the court by all parties (except public entities and parties obtaining a waiver)

Question 6

Arbitration

Answer 6

alternative dispute resolution process in which each party presents its case to a neutral third party called an “arbitrator,” who issues an award as would a judge; may be binding or non-binding.

Question 7

Attorney service

Answer 7

service which, among other things, files court documents, serves process and searches records

Question 8

Body

Answer 8

that part of a pleading that contains “the meat”

Question 9

By-line

Answer 9

type of signature line used when person signing is a member of a law firm or other entity

Question 10

Caption

Answer 10

consists of the name, address, phone number, fax number and email address (if available), and state bar number of the attorney who prepares the document; designation and name of the party on whose behalf the document is prepared; name of the court and county where the action is pending; title of the action, case number, and title of the document

Question 11

Case number

Answer 11

the number assigned to a case by the court clerk, used on all subsequent documents filed in that case, sometimes referred to as “docket number”

Question 12

Cause of action

Answer 12

legal theory on which an action is brought

Question 13

Collections Case

Answer 13

an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorneys’ fees, arising from a transaction in which property, services, or money was acquired on credit, and does not seek tort or punitive damages, recovery of real or personal property or a prejudgment writ of attachment

Question 14

Complaint

Answer 14

pleading filed by complaining party, stating allegations against another, and asking court for relief

Question 15

Complex case

Answer 15

an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel (C.R.C., Rule 3.400)

Question 16

Conform

Answer 16

(1) to stamp with court clerk’s filing stamp, evidencing date of filing; (2) to fill in filing data on file copies

Question 17

Damage

Answer 17

injury to a person or entity

Question 18

Damages

Answer 18

monetary compensation awarded to a person or entity for suffering damage

Question 19

Declare

Answer 19

to make a statement setting forth facts under penalty of perjury

Question 20

Defendant

Answer 20

party designation of person or entity being sued

Question 21

DOE(S)

Answer 21

fictitiously named defendant(s) whose name(s) plaintiff does not know when preparing the complaint

Question 22

Face page

Answer 22

first page of a document; contains the caption

Question 23

File

Answer 23

(1) to enter documents on court records; (2) to place in an office file

Question 24

Issue

Answer 24

approval by the court clerk of the use and service of a court form; here for a “summons”

Question 25

Judgment

Answer 25

decision of the trial court concerning the rights and claims of the parties

Question 26

Jurisdiction

Answer 26

the power and authority of the court to render a legally binding decision in a lawsuit; requires subject matter jurisdiction (court’s power to rule on the particular type of case and amount in controversy), and either personal jurisdiction (control over the defendant in the case) or in rem jurisdiction (control over the property at issue in the case)

Question 27

Limited civil case

Answer 27

general civil case seeking monetary damages up to $25,000; governed by C.C.P. §§ 90-100

Question 28

Mediation

Answer 28

Alternative dispute resolution process in which a neutral person facilitates communication between the parties to assist them in reaching a mutually acceptable settlement

Question 29

Perjury

Answer 29

to testify falsely and deliberately under oath

Question 30

Plaintiff

Answer 30

party designation of person or entity commencing the legal action

Question 31

Pleading

Answer 31

a document typed on pleading paper, alleging matters of fact and/or law, and requesting the court to grant relief

Question 32

Pleading paper

Answer 32

paper used for most court documents; numbered 1 through 28 on the left hand margin; sometimes referred to as “ruled and numbered paper”

Question 33

Prayer

Answer 33

the last part of a pleading, begins with the word “WHEREFORE,” and in it, a party asks that the court grant relief in its favor

Question 34

Process server

Answer 34

a person who serves court summonses, subpoenas and writs

Question 35

Service

Answer 35

the delivery, by mail, personally, or otherwise, of a document to an individual or entity

Question 36

State bar number

Answer 36

the number assigned to each attorney upon admission to the state bar association

Question 37

Title

Answer 37

the name of a pleading or other court document

Question 38

Title of the action

Answer 38

part of a pleading or other court document naming the parties to the action and their party designations, (names of parties are always typed in all caps); that portion of a pleading surrounded by brackets

Question 39

Unlimited civil case

Answer 39

tort cases with potential damages in excess of $25,000; non-tort cases with claims in excess of $25,000; cases requesting equitable relief

Question 40

Venue

Answer 40

the proper location for a case to be heard, e.g., a personal injury case may be heard where the accident occurred or where the defendant resides