Archives: Glossary

A process in which a neutral arbitrator decides a dispute outside court, usually under an agreement of the parties.

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

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

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

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

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

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)).

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 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.