Affidavit – A voluntary declaration of facts written down and sworn to by the person signing before an officer authorized to administer oaths.

Affirmative Defense- An “affirmative defense” is any statement of fact or law that would be a defense to the allegations.   Common examples of “affirmative defense” include (1) “statute of limitations” – the time period allowed under law to bring the lawsuit has expired; (2) “assumption of risk” – that the plaintiff knowingly exposed him/herself to the danger or harm; and (3) “accord and satisfaction” – that the parties have already settled the dispute.  Affirmative defenses usually have to be raised in the Answer or else they are deemed to be “waived” and the defendant will not be able to rely on them later. 

Answer– A defendant's written response to a plaintiff's initial court filing (called a complaint). An answer normally denies some or all facts asserted by the complaint, and sometimes seeks to turn the tables on the plaintiff by making allegations or charges against the plaintiff (called counterclaims). Normally, a defendant has 20 days in which to file an answer after being served with the plaintiff's complaint.

Appeal– A written request to a higher court to modify or reverse the judgment of a lower court.  Appeals of Justice Court cases go to District Court; appeals of District Court cases go to the Supreme Court. 

Appeal Bond  ­–  A specific amount of money that is required as security in conjunction with an appeal.

Bench Trial– A trial before a judge with no jury.

Burden of Proof-  This describes the responsibility of a party to prove a disputed allegation or fact.     

Cause of Action – A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation.

Civil case – A noncriminal lawsuit, usually involving private property rights.

Complaint– Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer.

Consolidation – The act of joining multiple related cases so that they are heard together by one judge.

Counterclaims– A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident.

Cross-complaint – Sometimes called a cross-claim, legal paperwork that a defendant files to initiate her own lawsuit against another defendant in the case.  This is distinct from a counterclaim (filed by the defendant against the plaintiff) or a third-party complaint (filed by the defendant against a non-party).  A cross-complaint must concern the same events that gave rise to the original lawsuit. For example, a defendant accused of failing to stop at a red light might cross-complain against a co-defendant who recently repaired her car, claiming that his negligence resulted in the brakes failing and, hence, that the resulting accident was his fault.

Damages– In a lawsuit, money awarded to one party based on injury or loss caused by the other.

Default – A failure to perform a legal duty. For example, a default on a mortgage or car loan happens when you fail to make the loan payments on time, fail to maintain adequate insurance, or violate some other provision of the agreement.  Also refers to the initial step before entry of a default judgment.

Default Judgment– A decision awarded to the plaintiff when a defendant fails to contest the case.   This can occur in court (when the defendant fails to appear) or out of court (when the defendant fails to file an answer after being served with the complaint).

Defendant–  The person against whom a lawsuit is filed.

Discovery – A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question and seek admissions from other parties. It also allows one party to force the others to produce requested documents or other physical evidence.

Dismiss – Termination of a claim or an action without further hearings or without a trial on the issues.

Dismissal with Prejudice –  A dismissal which permanently ends the case.

Dismissal Without Prejudice –  A dismissal which may not permanently end the case because it allows the plaintiff to refile the complaint later.

Enlargement of Time  – The act of granting a party additional time to take an action, such as serving the complaint upon the defendant.

Evidence–  The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. 

Execution – The process for collecting a judgment from a defendant.

Exemption from Execution– Money that may not be taken from a judgment debtor because it is exempt by statute.  For example, money received as child support by the defendant may not be taken to satisfy a judgment.

Formal Objection-  The is the mechanism by which a party to a small claims action may request that a hearing presided over by a referee be heard anew by a Justice of the Peace.

Garnishment– A court-ordered process that takes property from a person’s bank account to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if she loses a lawsuit filed by the creditor. Up to 25% of a person's wages can be deducted.

Hearing –  In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue, such as whether a Motion for Summary Judgment should be granted.

Injunction – An order issued in District Court and which prohibits a person from taking specific action.  Injunctions are not issued in Justice Court, but Justice Court can issue Orders for Protection against Stalking, Harm to Minors, and Workplace Harassment.

Interpleader– In situations where a disinterested third party (such as an escrow company) is holding disputed funds, this procedure allows that third party to deposit the money with the court so that the claimants to the money can litigate their rights in court.

Interrogatories – Questions posed by one party to another and requiring written responses.

Intervention – The process by which a person requests to join an existing lawsuit between a plaintiff and a defendant.

JCRCP –  The Justice Court Rules of Civil Procedure; applicable to all Justice Courts in Nevada

JCRLV –  The local Justice Court Rules for the Las Vegas Township

Judgment– A final court ruling resolving the key questions in a lawsuit and determining the rights and obligations of the opposing parties. For example, after a trial involving a vehicle accident, a court will issue a judgment determining which party was at fault and how much money that party must pay the other.

Jurisdiction – This term is commonly used in two different senses.  First, “subject matter jurisdiction” refers to the specific types of cases that a Justice Court is authorized to hear pursuant to NRS 4.370.  Second, “jurisdiction over the person” refers to whether the defendant has been served with the complaint and whether that person can be required to comply with the orders of a Nevada state court.

Mediation-  This is a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate their own solutions in settling their conflict.  Unlike a judge or an arbitrator whose decisions subject one party to win and the other party to lose, mediation is about finding a solution that works for both parties.

Mobile Home Lot -     A portion of land within a “mobile home park” which is rented or held out for rent to accommodate a mobile home.

Mobile Home Park- An area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. “Mobile home park” does not include those areas or tracts of land, whether within or outside of a park, where the lots are held out for rent on a nightly basis.

Motion – During a lawsuit, a request to the judge for a decision--called an order --to resolve procedural or other issues that come up during litigation. For example, after receiving hundreds of irrelevant interrogatories, a party might file a motion asking that the other side be ordered to stop engaging in unduly burdensome discovery. A motion can be made before, during, or after trial. Typically, one party submits a written motion to the court, at which point the other party has the opportunity to file a written response. The court often schedules a hearing at which each side delivers a short oral argument. The court then approves or denies the motion.

Plaintiff– The person, corporation or other legal entity that initiates a lawsuit.

Pleading – A statement of the plaintiff's case or the defendant's defense, set out in generally accepted legal language and format.

Prevailing Party – a party in whose favor a judgment is rendered.

Pro Se – Often referred to also as “proper person.”  This refers to a party who is representing himself or herself without an attorney.  Except for small claims cases, a corporation or business entity must be represented by an attorney and cannot appear through its employees or agents.

Opposition – The response to a motion.

Order – A decision issued by a court. This term usually does not describe the final decision in a case, which most often is called a judgment.

Reply – The response to an opposition to a motion.

Request for Admission – A request by one party for another party to admit that certain facts are true, in order to narrow the scope of issues at trial.

Request for Production – A request by one party for another party to produce documents or physical items for review or inspection.

Satisfaction of Judgment- A document filed by the Plaintiff which states that the judgment that was entered in a case has been paid in full. 

Sanction – A penalty imposed upon a party or attorney for a variety of reasons.  For example, filing a frivolous complaint can lead to a sanction of having to pay the other party’s attorney’s fees.

Service–The formal delivery of some legal notice, such as a motion or a pleading.

Service of Process–The formal delivery of the Summons and Complaint.

Set Aside – Adecision by a judge to nullify or cancel a judgment or an order.

Show Cause Order – An order directing a party to appear in court and explain an action or why the court should not grant the requested relief.

Statute–A written law passed by the Nevada State Legislature and signed into law by the Governor.

Statute of Limitation– The legally prescribed time limit in which a lawsuit must be filed.

Stay – A delay in the effective date of a court order.  For example, the court may stay an eviction order so that a tenant will have time to move out of the affected property.   

Stipulation – An agreement between opposing parties concerning some relevant point.

Subpoena –   A command for a person to attend and give testimony; or to produce and permit inspection and copying of designated books, documents or tangible things in the possession, custody or control of that person; or to permit inspection of premises, at a time and place therein specified.

Substitution– The process of replacing an attorney of record with another attorney of record in a case.

Summary Eviction – An expedited process for removing a tenant from the landlord’s property.

Summary Judgment – A final decision by a judge that resolves a lawsuit in favor of one of the parties. The party making the motion marshals all the evidence in its favor, compares it to the other side's evidence, and argues that a reasonable judge or jury looking at the same evidence could only decide the case one way--for the moving party. If the judge agrees, then a trial is unnecessary, and the judge will enter judgment for the moving party.

Summons – A paper prepared by the plaintiff and issued by a court to inform the defendant that he or she has been sued.

Supersedeas Bond - A type of surety bond that a court requires from an appellant who wants to delay execution of a judgment until the appeal is over.

Unlawful Detainer-  The illegal possession of land by one whose original possession was legal.

Testify– To provide oral evidence under oath at a trial or deposition.

Third-Party Complaint– A complaint filed by the defendant against a third party, alleging that the third party may be liable for some or all of the damages that the plaintiff is trying to recover from the defendant.

Writ – A Court’s written order commanding the recipient to do or not to do some specified act. For example, a writ of possession can require personal property to be delivered to the plaintiff.