Archives: Glossary

A process in which a neutral third party helps the parties try to reach a settlement.

An agreement resolving a dispute without a final court decision on the merits. A settlement agreement is a contract and can be enforced like one. Some settlements need court approval — for example, class action settlements (Fed. R. Civ. P. 23(e)) and, under state law and local court rules, settlements of minors’ claims. Offers and statements made in settlement negotiations are generally not admissible to prove or disprove the validity or amount of a disputed claim (Fed. R. Evid. 408). In real estate, “settlement” also means the closing of a sale or loan.

A proceeding before a judge or other judicial officer to consider a motion, a request or another matter. An evidentiary hearing takes testimony and exhibits; a non-evidentiary hearing hears argument on the papers already filed. Not every motion gets an oral hearing: a federal court may decide motions on the briefs without one (Fed. R. Civ. P. 78(b)).

The court officer who maintains records, accepts filings and performs duties assigned by the rules, such as entering defaults.

The court’s official record of filings and events in a case.

The heading of a court document identifying the court, the parties, the case number and the document title.

A complaint whose allegations are sworn to or declared true under penalty of perjury.

A written statement of facts signed under penalty of perjury. In federal matters, 28 U.S.C. § 1746 allows an unsworn declaration in place of an affidavit in many situations.

A written statement of facts sworn to before an officer authorized to administer oaths.

A person who must act in another’s best interest, such as a trustee or agent.