Archives: Glossary

Under Federal Rule of Evidence 801(c), a statement the declarant does not make while testifying at the current trial or hearing, offered to prove the truth of the matter asserted. Many exceptions and exclusions exist.

Under Federal Rule of Evidence 401, evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.

The court’s final decision determining the rights of the parties.

A judgment that ends the litigation on the merits and leaves nothing for the court to do but execute it. Most appeals can be taken only from final judgments.

A written direction or ruling by the court.

To cancel or set aside a judgment or order.

A judgment entered without legal power to enter it. Federal Rule of Civil Procedure 60(b)(4) lists a void judgment as a ground for relief.

A standard courts use to decide whether to excuse a missed deadline or mistake, considering the circumstances.

A legally sufficient reason. Many rules require a showing of good cause before the court will grant a request.

Testimony, documents and things offered to prove or disprove facts.