An application to a court after judgment seeking to avoid execution of that judgment because of some event intervening between judgment and execution which compromises the judgment creditor's entitlement to execution.
A species of settlement offer delivered in the form of a letter and which can be used in the event that it is rejected and subsequent to trial or hearing of the litigation which results in terms similar to the rejected offer, costs are spoken to.
A formal request to a court challenging a legal decision of an administrative tribunal, judicial office or organization (eg. government) alleging that the decision has been irregular or incomplete or if there has been an error of law.
A family law dispute resolution encouragement process set in writing which includes a promise to negotiate in good faith, to engage in the exchange of private and confidential information on a without prejudice basis, and a motivational commitment that the participating lawyers or law firms would withdraw if the negotiations fail.
To take something for what it is worth, such as evidence collected for the time being, in the absence of, but in anticipation of, litigation, admissibility to be determined when such thing is sought to be used against another at trial.
The individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff.
A mostly obsolete motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defence, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence.
The written summary of a litigant's position to be taken and expounded upon in a judicial proceeding, including a concise summary of relevant facts and law and brief arguments with reference to authorities where applicable.
The written certification by a judicial officer that a deponent or affiant recognizes and endorses all parts of an affidavit he or she proposes to sign, and confirms that an oath has been administered in this regard to the affiant.
A group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes 'the truth' given different evidence by opposing parties.
Non-disclosure protection imposed on documents which come into existence after litigation commenced or in contemplation, and where they have been made with a view to such litigation, either for the purpose of obtaining advice as to such litigation, or of obtaining evidence to be used in such litigation, or of obtaining information which might lead to the obtaining of such evidence.
A writ which commands an individual, organization (eg. government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
A partial settlement to litigation where some defendants settle by accepting a term of which is a loan by the settling defendant to the plaintiff, to be repaid by any monies recovered from the remaining defendant(s).
An exception to the hearsay rule, whereby evidence of which a witness has no current recall can nonetheless be admitted for the truth of its contents as it was recorded at a time when the witness was able to verify its accuracy.
Latin: an initiating document presented to a court clerk to be officially issued on behalf of the court or a the covering memo or letter from the lawyer (or plaintiff) which accompanies and formally asks for the writ to be issued by the court officer.
Latin: legal procedure taken to stop a person or organization from doing something for which it may not have the legal authority, by demanding to know by what right they exercise the controversial authority.
A rule of jurisdiction which enables a counterclaim against another who, although otherwise beyond the jurisdiction of the court, has voluntarily submitted to jurisdiction by iniating the principal action.
Rules of procedure and conduct during the sitting of a court of law uniformly applicable to litigants and their lawyers, and governing the hearings of claims and motions, and defences or responses thereto.
The taking of someones property, voluntarily (by deposit) or involuntarily (by seizure), by court officers or into the possession of a third party, awaiting the outcome of a trial in which ownership of that property is at issue.
Prohibited conduct by a licensed lawyer in taking, or attempting to take advantage of a slip or overlooked technical matter by the other side to litigation, and to agree to reasonable requests which either prejudice his client or the interests of justice.
A defendant's written answer or reply to a statement of claim, admitting or denying each and every one of the facts contained in the statement of claim and alleging such facts as the defendant wishes to assert at trial in opposition to the plaintiff's case.
An injunction obtained in a secret convening of the court where in the result, the court file, the names of the parties and even the terms of the injunction order are secret except as between the parties, counsel, the judge and the court staff.
The resolution of a dispute by examination of evidence submitted by opposing litigants by a tribunal or Court of law, and determination of (1) guilt (in a criminal trial) or (2) of a civil dispute of fact or law.
When a witness called by a party merely gives unfavorable answers to questions posed during examination in chief, that party may not cross examine the witness but may still lead evidence in contradiction.