Chapter 5 Flashcards
Formally notifying the defendant of the lawsuit
Service of process
A notice requiring the defendant to appear in court
Summons
When the defendant fails to appear in court or file a complaint
Default judgement
Defendants response to the complaint
Answer
To bring up more facts about the case that prove the defendant should not be held liable
Affirmative defense
When the defendant states their own claim of the incident
Counterclaim
A request or application presented by an attorney to the court on behalf of a client
Motion
A written or oral application to a court for a ruling or order, made before a trial
Pretrial motions
Asking the court to get rid of the cause all together
Motion to dismiss
Getting information from the opposing party or from witnesses prior to the trial
Discovery
Sworn testimony by a party to the lawsuit or by any witness
Deposition
Challenge a persons credibility
Impeach
Written questions that have written answers prepared and signed under oath
Interrogatories
You take all the evidence and bring it to the judge saying they don’t have a case against you
Substantive motion