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. |