Civil process Flashcards
What is civil process?
The proceedings in any action or prosecution. Ex. Writ to appear in court
What is a writ?
A courts written order in the name of state or other legal authority
What is a summons or complaint
Summons is a process requiring defendant to appear and answer; the complaint is the initial pleading that starts civil action and basis for court jurisdiction
What is a subpoena?
Legal document that invokes parties to hear a motion; specifies judge, hearing time, name of courthouse
What is claim and delivery?
Claim for recovery of specific personal property wrongfully taken
What is magistrate court jurisdiction?
Jurisdiction over civil actions of $7500 or less
What is the circuit court of common pleas jurisdiction?
Concurrent jurisdiction with magistrate court; >$7500.
Probate court jurisdiction?
Jurisdiction over wills, estates, guardian ad litem, and mental competency
Family court jurisdiction?
Divorce, child custody, child support, alimony, and visitation (all family matters)
Master in equity court jurisdiction?
Court of “fairness”; jurisdiction over matters referred from circuit court,