General (not jurisdiction-specific)

Concepts that apply broadly; check your own jurisdiction.

  • Remittitur

    A court’s order reducing a jury’s damages award that it finds excessive. In federal court, the plaintiff is usually given the choice of accepting the lower amount or having a new trial.

  • Rehearing

    A second hearing of a case by the same court to reconsider its decision. In the federal courts of appeals, a party may petition for panel rehearing or rehearing en banc under Federal Rule of Appellate Procedure 40.

  • Record on appeal

    The materials the appellate court reviews: the original papers and exhibits filed in the trial court, the transcript of proceedings, and a certified copy of the docket entries (Federal Rule of Appellate Procedure 10(a)).

  • Receiver

    A neutral person appointed by a court to take custody of, manage and protect property or a business while a case is pending or to help enforce a judgment. Federal Rule of Civil Procedure 66 governs actions in which a party seeks to appoint a receiver or in which a receiver sues or is sued.

  • Quash

    To void or set aside, such as a subpoena or an indictment. Under Federal Rule of Civil Procedure 45(d)(3), the court must quash or modify a subpoena that, for example, fails to allow a reasonable time to comply or subjects a person to undue burden.

  • Petitioner

    The party who files a petition, such as a petition for a writ, a petition for review or a petition in family court. In the U.S. Supreme Court, the party seeking review is the petitioner.

  • Offer of judgment

    A formal offer by a party defending against a claim to allow judgment on specified terms. Under Federal Rule of Civil Procedure 68, if the other side rejects it and later obtains a judgment that is not more favorable than the offer, it must pay the costs incurred after the offer was made.