Misnomer

What misnomer means

In practice, you will see misnomer in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where misnomer comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses misnomer in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Minister: a member of the clergy, or a high government official, such as a cabinet minister in a parliamentary system.
• Ministerial: describes a duty that an official must perform in a set way, without using judgment or discretion, once the required conditions are met.
• Minor: a person under the age of majority, which is 18 in most states; a few states set it higher. Minors generally may disaffirm most contracts, and in federal court a minor sues or defends through a general guardian, a next friend or a guardian ad litem (Fed. R. Civ. P. 17(c)).
• Misdemeanor: a crime less serious than a felony. Under federal law, it is an offense with a maximum prison term of one year or less, though more than five days (18 U.S.C. § 3559(a)(6) to (8)). Each state defines its own classes of misdemeanors.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.