Glossary

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Term Definition
Subpoena

Command to a person to appear and testify in a specific proceeding.

Subpoena duces tecum

A court order commanding a witness to bring certain documents or records to court.

Summary judgment

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

Summons

A document signed by a deputy clerk ordering a person to appear before the court.

Support Trust

A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support.

Suppress

To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule.

Surety Bond

A bond purchased at the expense of the estate to insure the executor's proper performance. Often called a fidelity bond.

Survivorship

Another name for joint tenancy.

Sustain

A court ruling upholding an objection or a motion.

Sworn complaint affidavit

A sworn, witnessed complaint filed with the Clerk of the Court.

Tangible personal property memorandum (TPPM)

A legal document that is referred to in a will and used to guide the distribution of tangible personal property.

Temporary relief

Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary restraining order

A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.

Testamentary capacity

The legal ability to make a will.

Testamentary trust

A trust set up by a will.

Testator

Person who makes a will (female: testatrix)

Testimony

The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Third party

A person, business or government agency not actively involved in a legal proceeding, agreement, or transaction.

Third party claim

An action by the defendant that beings a third party into a lawsuit.

Time served

Actual number of days served in jail.