Archives: Glossary

A defense that defeats or reduces a claim even if the plaintiff’s allegations are true, such as the statute of limitations.

A law setting the deadline for starting a lawsuit. Limitations periods vary by claim and jurisdiction.

Judgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Penalties a court may impose for violating rules or orders.

A required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.

Materials prepared in anticipation of litigation or for trial, which receive protection from discovery under Federal Rule of Civil Procedure 26(b)(3).

Basic information each party must provide early in a federal case without waiting for a discovery request.

The pretrial process in which parties obtain information and evidence from each other and from nonparties.

The court’s permission to take a step that the rules do not allow as of right.

A formal change or addition to a legal document. A constitutional amendment changes a constitution; under Article V, an amendment to the U.S. Constitution must be proposed by Congress or a convention and ratified by three-fourths of the states. A statute can also be amended by later legislation. In a lawsuit, an amendment is a change to a pleading after it has been filed (Federal Rule of Civil Procedure 15).