Plain English
Words this page uses because the court uses them. Nothing here is
special to this case.
The paperwork
- Docket
- The court’s numbered list of everything filed in a case.
Entry 42 is the forty-second thing filed.
- ECF No.
- How a filing is cited: its docket number. A number after a dash,
like 42-4, is an attachment to it — usually an exhibit.
- Complaint
- The document that starts a lawsuit and sets out what the
plaintiff says happened. An amended complaint replaces it.
- Answer
- The defendant’s formal response to the complaint, admitting
or denying each allegation.
- Declaration
- A written statement signed under penalty of perjury. It
counts as evidence without the witness appearing in person.
- Exhibit
- A document, screenshot or record attached to a filing as proof
of something asserted in it.
- Transcript
- The word-for-word record of a hearing or a deposition. Cited
by page and line, so 55:7 means page 55, line 7.
- Errata
- A formal correction a witness files to their own sworn testimony
after reading it back.
- Under seal
- Filed with the court but kept off the public record. Both
sides and the judge can read it; nobody else can.
How a case moves
- Motion
- A formal request that the court do something. The other side
files an opposition; the moving side may then file a reply.
- Discovery
- The stage where each side must hand over relevant evidence to
the other. It has a deadline, and missing it matters.
- Deposition
- Sworn question-and-answer, out of court, recorded by a court
reporter. Lawyers for both sides attend; there is no judge.
- Subpoena
- A court order compelling someone who is not a party to hand
over documents or give testimony.
- Evidentiary hearing
- A hearing where witnesses actually testify and are
cross-examined, rather than lawyers simply arguing.
- Protective order
- An order limiting what either side may do with the
material it receives in discovery.
- Magistrate judge
- A judge who handles pre-trial matters. On some
questions they recommend, and the district judge decides.
- Paperless order
- A short ruling typed straight onto the docket. It has no
document behind it, which is why some entries here do not link.
The motions that can end things
- Motion to dismiss
- Argues the case cannot proceed even if everything
alleged is true — usually because the court lacks power to hear it.
- Summary judgment
- Argues the facts are not genuinely in dispute, so the
judge can decide without a trial. If facts are disputed, it fails.
- Motion in limine
- Filed before trial to decide what a jury will and will
not be allowed to hear.
- Spoliation
- Destroying or losing evidence you were obliged to keep. The
duty starts once you know a lawsuit is coming.
- Sanctions
- A penalty for misconduct in the litigation itself. They can
run from a fine to losing the case outright.
- Adverse inference
- A sanction where the jury is told it may assume the
destroyed evidence would have hurt the side that destroyed it.
- Rule 11
- The rule requiring that filings have a factual basis. A Rule 11
motion says the other side asserted something it could not support.
Tests the court applies
- Jurisdiction
- Whether this court has the power to hear this case at all.
A federal court needs a federal claim, which is why one date decides so much
here.
- Burden
- Which side has to prove a thing. If they do not, they lose that
point, even if the other side proves nothing either.
- Retroactive
- Whether a law reaches conduct from before it existed.
Usually it does not, unless Congress clearly said so.
- Hearsay
- Repeating what someone said outside court to prove it was true.
Generally not allowed, with many exceptions.
- Authentication
- Showing a document or screenshot is genuinely what its
proponent says it is. The bar is low, but it is not nothing.
- Probative
- Actually tending to prove something. Evidence can be
admissible and still carry very little weight.
Defamation and damages
- Defamation
- A false statement of fact, put out to
other people, that damages someone’s reputation.
- Counterclaim
- A claim the person being sued
brings back against the person who sued them. Both are tried together as one
case.
- Of and concerning
- About the person who is
suing. The statement need not name them, as long as people who know the background
would understand who it means.
- Actual malice
- Putting a statement out knowing
it was false, or with serious doubts about whether it was true. It has nothing to do
with spite. A public figure has to prove it.
- Clear and convincing
- A standard of
proof above the usual civil one of more likely than not, and below the criminal one
of beyond a reasonable doubt.
- Actionable
- Enough to win a lawsuit over. A
statement that is not actionable cannot support a claim, however much it
stung.
- Damages
- Money a court orders one side to pay the
other.
- Compensatory damages
- Money meant to make up for
harm actually done.
- Punitive damages
- Money awarded as punishment, on
top of what makes up for the harm. Some states cap it by law, and Virginia is
one.