Legal Reference

Legal Glossary

143 federal court terms explained in plain English, each with an example of how it appears on a real docket.

Reading a federal docket should not require a law degree. Every entry below answers what the term means in one sentence, shows the docket line you would actually see, and cites the federal rule behind it where one exists. Start with how to find a federal case if you are still looking for the docket itself.

Dockets, filings, and court records

  • Case Caption

    The caption is the block at the top of every filing that names the court, the parties, and the case number.

  • Certificate of Service

    A certificate of service is the short statement at the end of a filing swearing that a copy was sent to every other party and saying how.

  • CM/ECF

    CM/ECF is the federal courts' Case Management and Electronic Case Files system, the software each court uses to receive filings and maintain its docket.

  • Docket

    A docket is the court's official numbered list of everything that has been filed or has happened in a case, in date order.

  • Docket Number

    A docket number is the unique identifier a court assigns to a case, such as 1:23-cv-04517, and it is the fastest way to find that case again.

  • Ex Parte

    Ex parte means a request made to the judge by one side without the other side present or notified.

  • Exhibit

    An exhibit is a document or object attached to a filing or offered at trial as proof of something.

  • In Forma Pauperis

    In forma pauperis, often shortened to IFP, is permission to litigate without paying the court's filing fees because you cannot afford them.

  • Minute Entry

    A minute entry is the clerk's note on the docket recording something that happened in the courtroom, usually with no document attached.

  • Nature of Suit

    Nature of suit is the three-digit code the court assigns a civil case to describe what it is about, such as 440 for other civil rights.

  • Notice of Electronic Filing

    A notice of electronic filing, or NEF, is the automatic email CM/ECF sends everyone in a case each time a document is filed.

  • Order

    An order is a written direction from the judge deciding something in the case, from a one-line scheduling change to a ruling that ends the lawsuit.

  • Order to Show Cause

    An order to show cause directs a party to explain, by a deadline, why the court should not take a specific action.

  • PACER

    PACER is the federal judiciary's public access system for court records, charging ten cents a page with most single documents capped at thirty pages.

  • PACER Case Locator

    The PACER Case Locator is the federal judiciary's nationwide index of district, bankruptcy, and appellate cases, used to find which court a case is in.

  • RECAP Archive

    RECAP is a free public archive of federal court filings, built from documents that PACER users bought and donated through the RECAP browser extension.

  • Redaction

    Redaction is blacking out protected information in a filing so the rest of the document can stay public.

  • Sealed Document

    A sealed document is a filing the court has ordered kept out of public view, so it appears on the docket but cannot be opened by the public.

Civil procedure

  • Amended Complaint

    An amended complaint is a revised version of the complaint that replaces the original one entirely.

  • Answer

    An answer is the defendant's written response to a complaint, admitting or denying each allegation and raising any defenses.

  • Attorneys' Fees

    An award of attorneys' fees is a court order making the losing side pay the winner's legal costs, which in the United States happens only when a statute or contract allows it.

  • Bench Trial

    A bench trial is a trial decided by the judge alone, with no jury.

  • Class Action

    A class action is a lawsuit where a few named plaintiffs sue on behalf of a much larger group with the same injury.

  • Class Certification

    Class certification is the court's decision about whether a case may proceed on behalf of an entire class rather than only the named plaintiffs.

  • Complaint

    A complaint is the document that starts a civil lawsuit, naming the parties, telling the court why it has jurisdiction, and laying out the claims.

  • Consent Decree

    A consent decree is a settlement that the judge signs as a court order, so its terms can be enforced by the court.

  • Counterclaim

    A counterclaim is a claim the defendant files back against the plaintiff in the same lawsuit.

  • Crossclaim

    A crossclaim is a claim filed by one party against a co-party on the same side of the case, such as one defendant suing another.

  • Default Judgment

    A default judgment is a decision for the plaintiff entered because the defendant never responded to the lawsuit.

  • Diversity Jurisdiction

    Diversity jurisdiction lets a federal court hear a state-law case because the opposing parties are citizens of different states and more than $75,000 is at stake.

  • Federal Question Jurisdiction

    Federal question jurisdiction is a federal court's power to hear a case that arises under the Constitution, a federal statute, or a treaty.

  • Final Judgment

    A final judgment is a decision that ends the case on the merits and leaves nothing for the trial court to do but enforce it.

  • Judgment

    A judgment is the court's final decision resolving the claims in a case and stating who wins and what they get.

  • Jury Demand

    A jury demand is a party's formal request for a jury trial, which must be made early or the right is lost.

  • Motion for Summary Judgment

    A motion for summary judgment asks the court to decide a claim without a trial because the important facts are not genuinely disputed.

  • Motion in Limine

    A motion in limine asks the judge, before trial starts, to rule that certain evidence may not be mentioned in front of the jury.

  • Motion to Dismiss

    A motion to dismiss asks the court to throw out some or all of a case without reaching the facts, usually because the complaint is legally defective.

  • Multidistrict Litigation

    Multidistrict litigation, or MDL, is the process of consolidating similar federal cases from many districts before one judge for pretrial proceedings.

  • Personal Jurisdiction

    Personal jurisdiction is the court's authority over the particular defendant, as opposed to its authority over the subject of the case.

  • Preliminary Injunction

    A preliminary injunction is a court order requiring a party to do or stop doing something while the lawsuit is pending.

  • Remand

    Remand is sending a case back to the court it came from, either from federal court to state court or from an appellate court to the trial court.

  • Removal

    Removal is a defendant moving a case out of state court into federal court by filing a notice of removal.

  • Rule 12(b)(1)

    Rule 12(b)(1) is the ground for dismissing a case because the federal court lacks subject matter jurisdiction to hear it at all.

  • Rule 12(b)(6)

    Rule 12(b)(6) is the provision that lets a defendant seek dismissal for failure to state a claim upon which relief can be granted.

  • Rule 16 Conference

    A Rule 16 conference is the early meeting between the judge and the lawyers to organize the case and set its schedule.

  • Rule 59 Motion

    A Rule 59 motion asks the trial court for a new trial or to alter or amend its judgment, and it must be filed within 28 days.

  • Rule 60 Motion

    A Rule 60 motion asks the court to relieve a party from a final judgment for reasons such as mistake, newly discovered evidence, or fraud.

  • Sanctions

    Sanctions are penalties a court imposes on a party or lawyer for filing something baseless, violating an order, or abusing the litigation process.

  • Scheduling Order

    A scheduling order is the judge's timetable for the case, setting the deadlines for discovery, amendments, expert reports, and motions.

  • Service of Process

    Service of process is formally delivering the summons and complaint to a defendant so the lawsuit can proceed against them.

  • Settlement Agreement

    A settlement agreement is the contract in which the parties resolve a lawsuit themselves, usually with a payment and a release of claims.

  • Standing

    Standing is the requirement that the person bringing a lawsuit has actually been injured in a way the court can fix.

  • Statute of Limitations

    A statute of limitations is the deadline for filing a lawsuit, measured from when the claim arose.

  • Stipulation

    A stipulation is a written agreement between the parties about some part of the case, filed so the court can rely on it.

  • Summary Judgment

    Summary judgment is a ruling that resolves a claim before trial because there is no genuine dispute about any material fact.

  • Summons

    A summons is the court-issued document telling a defendant they have been sued and how long they have to respond.

  • Temporary Restraining Order

    A temporary restraining order, or TRO, is a short emergency order freezing the situation until the court can hold a real hearing.

  • Third-Party Complaint

    A third-party complaint brings a new party into an existing lawsuit because that party may be liable for the claim against the defendant.

  • Venue

    Venue is the question of which particular federal district should hear a case that federal courts as a whole may hear.

  • Verdict

    A verdict is the jury's decision on the questions it was asked to answer, such as liability and damages.

  • Voluntary Dismissal

    A voluntary dismissal is the plaintiff dropping its own case, either unilaterally early on or later by agreement or court order.

Criminal procedure

  • Allocution

    Allocution is the defendant's chance to speak directly to the judge before the sentence is imposed.

  • Appeal Waiver

    An appeal waiver is a clause in a plea agreement in which the defendant gives up the right to appeal the conviction or sentence.

  • Arraignment

    An arraignment is the hearing where the defendant is formally read the charges in the indictment and enters a plea of guilty or not guilty.

  • Arrest Warrant

    An arrest warrant is a judge's written authorization for law enforcement to take a named person into custody.

  • Bail and Bond

    Bail is the money or property pledged to the court to secure a released defendant's return, and the bond is the document promising it.

  • Bill of Particulars

    A bill of particulars is a court-ordered statement giving the defendant more detail about the charges than the indictment provides.

  • Brady Material

    Brady material is evidence favorable to the defendant that the prosecution must turn over, including anything that undermines guilt or a witness's credibility.

  • Change of Plea Hearing

    A change of plea hearing is the proceeding where a defendant who pleaded not guilty formally pleads guilty on the record.

  • Compassionate Release

    Compassionate release is a reduction of a federal prison sentence for extraordinary and compelling reasons, such as terminal illness or a serious medical condition.

  • Continuance

    A continuance is a postponement of a hearing, deadline, or trial date granted by the court.

  • Criminal Complaint

    A criminal complaint is a sworn statement of facts, usually by a federal agent, that establishes probable cause and allows an arrest before any indictment.

  • Criminal History Category

    The criminal history category is the guideline score, from I to VI, that reflects a defendant's prior convictions and drives half of the sentencing range.

  • Detention Hearing

    A detention hearing is the proceeding where a judge decides whether a federal defendant is released before trial or held in custody.

  • Forfeiture

    Forfeiture is the government taking property connected to a crime, either as part of a criminal sentence or through a separate civil action against the property itself.

  • Grand Jury

    A grand jury is a panel of citizens that hears evidence in secret and decides whether there is probable cause to charge someone with a federal crime.

  • Habeas Corpus

    A writ of habeas corpus is a court order requiring the government to justify holding someone in custody.

  • Indictment

    An indictment is the formal written accusation, voted by a grand jury, that charges someone with a federal crime and starts the prosecution.

  • Information

    An information is a charging document filed by the prosecutor without a grand jury, used when the defendant waives indictment or the offense is a misdemeanor.

  • Initial Appearance

    An initial appearance is the first court date after an arrest, where the defendant is told the charges and the court addresses a lawyer and release.

  • Jencks Material

    Jencks material is a government witness's own prior statements, which the defense is entitled to receive after that witness testifies.

  • Mistrial

    A mistrial is a trial ended by the judge before a verdict because something has made a fair result impossible.

  • Motion to Suppress

    A motion to suppress asks the court to exclude evidence because it was obtained in violation of the defendant's constitutional rights.

  • Nolo Contendere

    Nolo contendere, or no contest, is a plea in which the defendant does not admit guilt but accepts the conviction and punishment.

  • Plea Agreement

    A plea agreement is a written deal in which the defendant pleads guilty in exchange for concessions from the prosecutor, such as dropped counts or a sentencing recommendation.

  • Presentence Report

    A presentence report, or PSR, is the probation office's investigation of the defendant and the offense, prepared to guide the judge at sentencing.

  • Pretrial Services

    Pretrial services is the court office that investigates a defendant's background before the release decision and supervises them if released.

  • Probation

    Probation is a sentence served in the community under supervision instead of in prison.

  • Restitution

    Restitution is a court order requiring a convicted defendant to pay identified victims for their losses.

  • Revocation Hearing

    A revocation hearing decides whether someone on supervised release or probation violated their conditions and what should happen as a result.

  • RICO

    RICO is the Racketeer Influenced and Corrupt Organizations Act, which lets prosecutors charge people for running an enterprise through a pattern of criminal activity.

  • Rule 29 Motion

    A Rule 29 motion asks the court to enter a judgment of acquittal because the government's evidence is legally insufficient to convict.

  • Rule 33 Motion

    A Rule 33 motion asks the court to vacate a conviction and grant a new trial in the interest of justice.

  • Search Warrant

    A search warrant is a judge's authorization to search a specific place for specific evidence, based on a sworn showing of probable cause.

  • Section 2255 Motion

    A Section 2255 motion is a federal prisoner's request to vacate, set aside, or correct a sentence because it violates the Constitution or federal law.

  • Sentencing Guidelines

    The federal sentencing guidelines are an advisory system that produces a recommended sentencing range from the offense conduct and the defendant's criminal history.

  • Sentencing Hearing

    A sentencing hearing is the proceeding where the judge resolves guideline disputes, hears from both sides and the defendant, and imposes the sentence.

  • Severance

    Severance is splitting a case so that defendants are tried separately, or so that certain counts are tried apart from others.

  • Speedy Trial Act

    The Speedy Trial Act sets deadlines for federal criminal cases: generally thirty days from arrest to indictment and seventy days from indictment or first appearance to trial.

  • Superseding Indictment

    A superseding indictment is a new indictment that replaces an earlier one, usually to add charges, add defendants, or fix a problem in the original.

  • Supervised Release

    Supervised release is a period of court-ordered supervision that follows a federal prison term, replacing the old parole system.

  • Voir Dire

    Voir dire is the questioning of potential jurors to decide who will sit on the jury.

Discovery and evidence

  • Attorney-Client Privilege

    The attorney-client privilege protects confidential communications between a lawyer and client made for the purpose of getting or giving legal advice.

  • Daubert Motion

    A Daubert motion asks the judge to exclude an expert's testimony because the methodology is unreliable or the opinion will not help the jury.

  • Deposition

    A deposition is sworn out-of-court testimony taken in front of a court reporter, where lawyers question a witness on the record.

  • Discovery

    Discovery is the pretrial process in which each side must hand over the evidence and information relevant to the case.

  • Expert Witness

    An expert witness is someone qualified by knowledge or experience who is allowed to give opinion testimony to help the jury understand technical evidence.

  • Interrogatories

    Interrogatories are written questions one party sends another, which must be answered in writing and under oath.

  • Motion to Compel

    A motion to compel asks the judge to order another party to answer discovery or produce documents it has withheld.

  • Privilege Log

    A privilege log is the list a party must produce describing documents it is withholding as privileged, without revealing their contents.

  • Protective Order

    A protective order is a court order limiting how discovery material can be used or shared, usually to guard confidential business or personal information.

  • Request for Production

    A request for production is a written demand that another party hand over specified documents, electronic files, or things for inspection.

  • Requests for Admission

    Requests for admission ask a party to admit or deny specific statements, narrowing what has to be proven at trial.

  • Spoliation

    Spoliation is the destruction or loss of evidence that a party had a duty to preserve for litigation.

  • Subpoena

    A subpoena is a court-backed command to appear and testify or to produce documents, and it can reach people who are not parties to the case.

  • Work Product Doctrine

    The work product doctrine shields materials a party or its lawyer prepared in anticipation of litigation from discovery by the other side.

Appeals

  • Amicus Curiae

    An amicus curiae, or friend of the court, is a non-party that files a brief offering the court a perspective the parties have not covered.

  • Appellate Brief

    An appellate brief is the written argument filed in a court of appeals explaining why the decision below should be affirmed or reversed.

  • Certificate of Appealability

    A certificate of appealability is the permission a habeas or Section 2255 petitioner must obtain before a court of appeals will hear their appeal.

  • En Banc

    En banc means the full court of appeals hears a case, rather than the usual three-judge panel.

  • Interlocutory Appeal

    An interlocutory appeal is an appeal taken before the case is over, from an order that does not end the litigation.

  • Mandate

    The mandate is the appellate court's formal order transferring control of the case back to the district court once the appeal is finished.

  • Notice of Appeal

    A notice of appeal is the short filing that starts an appeal by telling the trial court which judgment is being appealed and to which court.

  • Oral Argument

    Oral argument is the hearing where lawyers answer questions from the appellate panel about the issues in the briefs.

  • Petition for Certiorari

    A petition for a writ of certiorari asks the Supreme Court to review a lower court's decision, which it agrees to do only rarely.

Bankruptcy

  • Adversary Proceeding

    An adversary proceeding is a lawsuit filed inside a bankruptcy case, with its own case number and its own docket.

  • Automatic Stay

    The automatic stay is the injunction that takes effect the moment a bankruptcy petition is filed, stopping most collection activity against the debtor.

  • Chapter 11 Bankruptcy

    Chapter 11 is reorganization bankruptcy, where a business keeps operating while it negotiates a plan to restructure its debts.

  • Chapter 13 Bankruptcy

    Chapter 13 lets an individual with regular income keep their property and repay creditors under a court-approved plan, usually over three to five years.

  • Chapter 7 Bankruptcy

    Chapter 7 is liquidation bankruptcy: a trustee sells whatever non-exempt property the debtor has, pays creditors from the proceeds, and most remaining debts are discharged.

  • Discharge

    A discharge is the bankruptcy court order releasing the debtor from personal liability for most debts, so creditors can never collect them again.

  • Proof of Claim

    A proof of claim is the form a creditor files in a bankruptcy case stating how much the debtor owes and why.

  • Trustee

    A bankruptcy trustee is the person appointed to administer a bankruptcy estate: gathering assets, reviewing claims, and distributing money to creditors.

Who is who in a federal case

  • Clerk of Court

    The clerk of court is the office that maintains the docket, receives filings, issues summonses, and keeps the official record of every case.

  • Defendant

    The defendant is the party being sued in a civil case or charged in a criminal case.

  • District Judge

    A district judge is a federal trial judge appointed by the President, confirmed by the Senate, and serving for life during good behavior.

  • Federal Public Defender

    A federal public defender is a lawyer employed by the court system to represent defendants who cannot afford counsel in federal criminal cases.

  • Magistrate Judge

    A magistrate judge is a federal judge appointed by the district court to handle pretrial matters, criminal first appearances, and, with consent, entire civil cases.

  • Notice of Appearance

    A notice of appearance is the filing by which a lawyer tells the court and the parties that they now represent someone in the case.

  • Plaintiff

    The plaintiff is the party who starts a civil lawsuit by filing the complaint.

  • Pro Hac Vice

    Pro hac vice is permission for a lawyer admitted in another state to appear in a specific case in this court, for this case only.

  • Pro Se

    Pro se means representing yourself in court without a lawyer.

  • United States Attorney

    A United States Attorney is the chief federal prosecutor for a judicial district, and the office's assistants handle nearly all federal criminal cases there.

All terms, A to Z

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