General Litigation Terms Explained

Litigation can feel overwhelming. Whether you’re involved in a dispute, considering legal action, or simply trying to understand your options, knowing some standard litigation terms can make the process more manageable. This guide breaks down general litigation terms in plain language, helping you relate better to your lawyer and make informed decisions during legal action.

1. Affidavit: An affidavit is a written statement made under oath. The person who swears to it tells the court that the facts in it are actual.

2. Pleadings: Pleadings are the official documents that parties file with the court to set out their claims and defences. They tell the court what the dispute is about and what each side wants.

3. Statement of Claim: A Statement of Claim is the document a claimant files to begin a lawsuit. It explains the wrong they say happened and the remedy they want from the court.

4. Statement of Defence: A Statement of Defence is the defendant’s answer to the Statement of Claim. It explains why the defendant disagrees with the case against them.

5. Counterclaim: A counterclaim appears when the defendant also believes they have a claim against the claimant and wishes to pursue it in the same case.

6. Reply: A reply is the claimant’s response to new issues raised in the defendant’s Statement of Defence or counterclaim.

7. Jurisdiction: Jurisdiction is the court’s power to hear a case. A court must have the authority over the subject matter and the parties before it can decide anything.

8. Cause of Action: A cause of action is the legal basis of a claim. It is the set of facts which, if proven, entitle a person to a remedy.

9. Relief Sought: This term describes what the claimant is seeking from the court. It may be money, an order, or any legal remedy.

10. Interlocutory Application: This is an application made while a case is still ongoing. It asks the court to make orders that help move the case forward.

11. Motion on Notice: A motion on notice is an application in which the other party is notified in advance and given the chance to respond.

12. Ex Parte Application: An ex parte application is made without informing the other party. Courts only allow this in urgent or exceptional situations.

13. Evidence in Chief: This is the first stage of a witness’s testimony. It is when the party that called the witness invites them to tell their story.

14. Cross Examination: Cross-examination is the questioning of a witness by the opposing side. Its purpose is usually to test credibility or reveal weaknesses.

15. Submissions: Submissions are the arguments lawyers make to persuade the court. They bring the facts and the law together in a way that supports their client’s case.

16. Judgment: A judgment is the court’s final decision. It resolves the dispute and explains the reasons behind the outcome.

17. Ruling: A ruling is a decision made on a specific issue during a lawsuit, often on procedural or interim matters.

18. Appeal: An appeal is a request to a higher court to review and overturn a lower court’s decision.

19. Stay of Execution: A stay of execution is an order that pauses the enforcement of a judgment until a further decision is made.

20. Costs: Costs refer to the expenses of litigation. Courts often order the losing party to pay a portion of the winning party’s legal fees.

21. Consent Judgment: A consent judgment is a final court order to which both parties agree. It has the same force as a judgment made after trial.

22. Preliminary Objection: A preliminary objection is raised when a party believes the case should not proceed, usually because of jurisdiction or procedural defects.

23. Limitation Period: This is the time limit within which a case must be filed. Once it expires, the right to sue is usually lost.

24. Discovery: Discovery is the stage where parties exchange relevant documents and information. It ensures transparency and reduces surprises.

25. Subpoena: A subpoena is a court order requiring a person to appear in court or produce documents.

26. Bailiff: A bailiff is an officer responsible for serving court documents and enforcing court orders.

27. Enforcement: Enforcement refers to the steps taken to make sure the judgment is carried out, especially when the losing party refuses to comply.

28. Judicial Review: Judicial review is a legal process in which a court examines the decisions or actions of government bodies, tribunals, or public authorities to ensure they were lawful, fair, and reasonable. It focuses on HOW a decision was made, not whether it was right or wrong.

29. Undertaking: An undertaking is a solemn promise made to the court by a party or their lawyer to do or refrain from doing something. It carries serious consequences – breaking an undertaking can result in contempt of court proceedings.

30. Leave to Appeal: Leave to appeal is permission from a court that must be obtained before an appeal can proceed. Not all decisions are automatically appealable – some require the appealing party first to convince the court that the appeal raises important questions of law, involves matters of public importance, or meets other specified criteria.

Understanding litigation terms will help you work more effectively with a lawyer and navigate the litigation process with greater clarity. Not to mention the bragging rights it gives you during conversations and how you get the lingo of your favourite legal dramas better. ALC offers robust litigation services across all our law practice areas: business, immigration, family and real estate. We have the experience and resolve to vigorously represent your interests, whether at the negotiation table or in court. Book an appointment on abisoyelaw.ca.