Glossary of Litigation Terms

Judgment Creditor

A Judgment Creditor is the person in whose favor a money judgment has been entered by a court.

Judgment Debtor

A Judgment Debtor is the person against whom a money judgment has been entered by a court.

Judgment

A Judgment is the official, final decision of a court after determining the rights and obligations of the parties. The term “judgment” also includes “decision” and “decree.”

Lis Pendens

A Lis Pendens is a notice filed with the court and recorded in the county recorder’s office by the plaintiff declaring that a lawsuit has been filed claiming a right to title or possession to specific real property. The purpose is to notify anyone dealing with the property that a claim exists that may affect them adversely.

Malicious Prosecution

Malicious Prosecution exists when a plaintiff files suit or continues a suit without probable cause to believe the claims can be proven. A plaintiff that takes part in malicious prosecution can be held liable for damages caused.

Mandatory Settlement Conference

A Mandatory Settlement Conference is a settlement conference ordered by the judge requiring the parties and attorneys to appear in court for the purpose of attempting to settle a case.

Mediation

Mediation is a fast, confidential and economical way to settle most disputes. It is a process by which parties submit their dispute to an informed neutral third party (the mediator) who works with them to reach a settlement.

Motion in Limine

A Motion in Limine is a pretrial motion requesting a court to prohibit the opposing lawyer from referring to or providing evidence that is highly prejudicial, irrelevant or inadmissible.

Motion

A Motion is an application to a court for the purpose of obtaining a ruling or order.

Order

An Order is a command by a court, following a hearing, requiring a party to do something or refrain from doing something.

 

 

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