GLOSSARY OF TERMS:


Adjournment: A postponement of the court date for a procedure

Affidavit: A sworn statement of an individual made in writing

Amendment: An alteration in the proceedings

Bailiff: An officer of the court who enforces orders of the court, including orders to seize personal property outside the court process

Consent: An agreement by an individual to a certain activity or agreement

Costs: An amount that can be claimed by a winning party after the Judge or Justice of the Peace has made a ruling. Costs may include a portion of the legal representative's fee and any disbursements that have been incurred.

Disbursements: Any costs associated with the court process including: the cost to issue a claim, service of the claim, any summons, service of summons, mileage associated with travel to and from the court for both representatives and witnesses, the cost of booking a trial date etc.

Disclosure: A copy of all cases, documents and evidence one side intends to rely on to support their case

Factum: An assemblage of the materials of disclosure

Garnishment: An order of the court and remedy available to the victorious party that allows the victor to collect a certain proportion of the loser's wages to satisfy the judgement. The proportion given by the court is decided in a garnishment hearing based upon the individual's circumstances

Garnishment Hearing: A hearing in which any party may dispute or challenge the garnishment or aspects of which such as the amount to be garnished or which party is the garnishee. 

Liquidated Damages: Damages that can be calculated objectively such as a cracked windshield

Motion: A proceeding wherein procedural issue(s) that have arisen during the the proceeding, before trial, are argued and the court makes a ruling on the issue(s)

Summons: A document issued by the court that forces a witness to attend court otherwise suffer a judicial penalty.

Unliquidated Damages: Damages that cannot be calculated objectively such as pain and suffering

Writ of Delivery: A document issued by the court directing the bailiff to seize from the debtor's property the item that the court ordered the debtor to return.

Writ (Seizure and Sale of Personal Property, Seizure and Sale of Land): A document issued by the court to the enforcement officer (bailiff) to seize and sell all assets of the judgment debtor to satisfy the judgment.


Top