ADR
Alternative Dispute Resolution is a term that refers to methods for resolving a dispute before trial. Generally, a person who references ADR is referring either to mediation or arbitration.
Mediation
A form of ADR, mediation is a process which is attended voluntarily by parties to a dispute. The process is hosted by a mediator who is jointly hired by the parties and who is usually a retired judge or an experienced attorney. Typically, the parties to a mediation sit in separate rooms while the mediator goes from room to room, assessing the strengths, weaknesses and practical implications of each position. Unlike an arbitrator, a mediator will not chose a winner or loser. A mediator simply tries to persuade the parties to reach a settlement agreement. Statements made at mediation are generally protected by a rule of evidence and therefore not admissible against any party.
Arbitration
A form of ADR, arbitration is a process that resembles a private trial. Arbitration can be binding or non-binding. Arbitration is presided over by an arbitrator (usually a retired judge) who will render a decision like an actual judge. Arbitration is often less formal than trial. However, there is often no right to appeal the decision of an arbitrator.
Mechanic’s Lien
A lien that is held by a person who improved real property or who supplied materials that were used to improve real property.
Lien
An economic charge against an asset which is created in order to secure one’s right to payment.
Discovery
A process which enables a party to a lawsuit to seek information concerning the suit. The most common forms of discovery are depositions, written interrogatories (often called special interrogatories and form interrogatories), requests for admissions, requests for production of documents, and subpoenas.
Complaint
The document which is generally filed to initiate a lawsuit. It sets forth the allegations which make up the basis for plaintiff’s claims.
Answer
A standard response to a Complaint, filed by a defendant. It typically makes a blanket refutation of all allegations in the Complaint.
Demurrer
A challenge to a Complaint, filed as an alternative to an Answer. A Demurrer essentially claims that, even if everything alleged in the Complaint was true, plaintiff would still not be entitled to any recovery.
Pleading
A term that collectively refers to documents filed in a legal proceeding, including complaints, petitions, answers, demurrers, motions, declarations, and memoranda of points and authorities.
Trial
The war that litigants prepare for but hope to never fight. Trial is a formal procedure whereby parties to a lawsuit present evidence to a trier of fact so that a determination can be made as to whether or not plaintiff is entitled to the relief asked for.
Case Management Conference
A hearing held by the court which is typically attended only by attorneys and which is used to inform the court of the procedural status of the case so that the court can set a date for trial and/or other important dates.
Deposition
A function of discovery where attorneys are entitled to question a witness under oath. A deposition takes place in a private office, outside the presence of the judge and is typically recorded by a court reporter.
Interrogatory
A function of discovery where one party submits written questions to another party, which must be answered under oath and in writing.
Requests for Admission
A function of discovery where one party requests that another party admit certain facts. RFAs are intended to resolve uncontested issues where possible.
Verification
A document executed by a party and served with responses to written discovery which states, under oath, that the responses are true.
Party
A plaintiff or defendant in a lawsuit; as opposed to a non-party.
Cross-Complaint
A complaint filed by a person who is already a party to a lawsuit. Frequently, cross-complaints are filed by one defendant against another defendant, or by a defendant against the plaintiff.
Corporation
A business which is recognized by the law as an entity which exists independently of those who own and operate it.
LLC
A limited liability company is very much like a corporation, which certain operational and tax distinctions.
LLP
A limited liability partnership, in California, is a form of business that offers liability protection to its owners, who must be attorneys, architects or accountants.
Limited Partnership
A partnership with at least one general partner and at least one limited partner. The general partner is liable for all actions of the limited partnership.
General Partnership
A partnership which provides no limitation of liability to any of its partners. Any two or more individuals who carry on a business together for profit are, by default, general partners.
Motion
A formal request submitted to a judge, which asks the judge to make a ruling on a particular issue in a case. A demurrer is a motion.
Motion for Summary Judgment
A motion which asks the court to find that there is no point to proceed to trial as it has become clear that there is no dispute as to the material facts at issue in the case.
Motion for Summary Adjudication
Like a motion for Summary Judgment except that it only applies to certain issues.
Default
A party who fails to respond to a complaint can be placed in default, which prevents that party from taking any action in the litigation unless/until it is granted relief from the default by the court.