Delaware Municipal Court


Many times, the words used in court documents are unfamiliar and confusing. Below are some terms commonly used in the Delaware Municipal Court. If you have other questions regarding legal terminology, Black's Law Dictionary, a reference book found in most law offices and in our public library, would be very helpful.

a b c d e f g h i j k l m n o p q r s t u v w x y z

action, case, cause, suit, lawsuit	These terms all refer to a proceeding in a court of law. back to top

acquit	To find a defendant not guilty in a criminal trial. back to top

affidavit	A written or printed statement of facts signed by an individual and notarized. Affidavits are used in many aspects of the court and are often filed with court documents. back to top

answer	A written reply to a complaint, prepared by an individual or an attorney, which is filed in Court. back to top

argument	After all the evidence of a lawsuit is heard on both sides, the lawyers tell the jury what they think the evidence proves and why they think their side should win. This is an Aargument@ or Asumming up.@ It is not evidence. back to top

arraignment	The first court appearance for a Defendant. At the arraignment, the Defendant is informed of his/her rights, asked whether he/she requires an attorney, and informed of the charges against him/her. At the arraignment, the Defendant is asked to enter a plea of Guilty, Not Guilty, or No Contest. back to top

attachment	A seizure of property or funds by a court-assisted process. back to top

bench	The area of a courtroom where the judge sits while court is in session. back to top

bond	Security, either in the form of money or personal recognizance that is placed with the Court in order to insure that the Defendant will appear in Court for a hearing. If the Defendant fails to appear, the bond money may be forfeited and a warrant issued for the arrest of the Defendant. Bond is also referred to as ABail@. back to top

bound over	The transfer of a felony case to the appropriate Court of Common Pleas when the Defendant either waives a Preliminary hearing or goes forward with the Preliminary Hearing and the judge finds that there is probable cause that the Defendant committed the offense. back to top

burden of proof	This term refers to which side is obligated to prove the facts of the case. back to top

case number	The number which has been assigned to a civil or criminal complaint. Most courts use a system which indicates the year of filing and identifies the matter as either civil, criminal, or traffic, in the case number. back to top

cause of action	A legal claim. back to top

challenge for cause	A request by a party that the court excuse a specific juror on the basis that the juror is in some way biased. back to top

charge	A formal accusation that someone has committed a criminal offense. back to top

citation	A ticket issued by a police officer for minor offenses, such as traffic matters, which also specifies the date and time that a Defendant must appear in Court for an arraignment. back to top

civil complaint	A written statement, which is either prepared by an attorney or by the Plaintiff, which tells the Court that a claim exists favoring the Plaintiff. A Civil Complaint includes the signature of the maker, a demand for judgment, and the names and addresses of both Plaintiff(s) and Defendant(s). back to top

closing argument	After all the evidence of a lawsuit is heard on both sides, the lawyers tell the jury what they think the evidence proves and why they think the jury should find in favor of their client. This is an Aargument@ or Asumming up.@ It is not evidence. back to top

complaint	The first pleading in a civil case stating facts and demanding relief. back to top

continuance	A request by a Plaintiff, Defendant, or attorneys in a case, made to re-schedule a hearing or trial for cause. back to top

counterclaim	A claim presented by the defendant in a civil case alleging that the plaintiff owes damages to the defendant. back to top

crime	Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine, or both. back to top

criminal complaint	A written statement of the facts alleging that a crime has been committed by the Defendant. The Complaint usually includes the state statute or city ordinance of the crime, and the severity of the crime. back to top

cross-examination	An attorney's questioning of a witness called to testify by the other side in the case. back to top

damages	Compensation (usually monetary) awarded to someone who has suffered loss, detriment, or injury to their person, property, or rights. back to top

defendant	The person charged with a crime in a criminal complaint, or who is alleged to owe funds to the Plaintiff in a civil complaint. back to top

deliberations	The discussions of the jury which occur after the judge has instructed them to retire to the jury room and consider their verdict. back to top

direct examination	Questions which the lawyers ask their own clients or witnesses called. back to top

docket	A list of legal cases to be heard during a court session. back to top

evidence	Any form of proof legally presented at a trial, including records, documents, photographs, and testimony of witnesses. back to top

exhibit	A paper, document, or other physical object presented to the court as evidence during a trial which are then given to the jury to take to the jury room while deliberating. back to top

felony	A crime in Ohio, which can have extensive jail time and fines. Felonies are not handled in a Municipal Court and are bound over to the appropriate Court of Common Pleas. back to top

garnishment	The attachment or seizure of personal wages through a court-assisted process. back to top

hung jury	A jury whose members cannot agree on a verdict. back to top

jury instructions	After all the evidence is in, and the lawyers have made their arguments, the judge outlines the questions to be decided and states the issues the jury must decide. The judge outlines the rules of law which must guide the juries deliberations. back to top

litigant	An individual who brings or defends a lawsuit. back to top

minor misdemeanor	A criminal offense in Ohio, which cannot have a penalty imposed of more than $100.00 and no jail time. back to top

misdemeanor	A Misdemeanor is a crime in Ohio which cannot have a penalty imposed of more than $1,000.00 and one year in jail. There are four different levels of Misdemeanors in Ohio (excluding the minor misdemeanor above), each having specific jail sentences and fines. See the link AYour Rights in Court@ for a chart on Misdemeanor offenses. back to top

mistrial	An erroneous or invalid trial. A mistrial is usually declared because of an error in the proceeding or when there was a hung jury. Cases that end in a mistrial have to be tried again at a later date. back to top

not guilty plea	In a criminal charge, this is a general denial by the charge as to the facts presented in the complaint. Entering a not guilty plea begins the process toward a formal trial of the issues presented in the case. Upon the entering of a not guilty plea, the case will be referred for the assignment of a judge and the scheduling of further proceedings by the court. back to top

offense	A violation of a criminal or traffic law which results in a citation or complaint. back to top

opening statement	Before introducing any evidence in the case, the lawyer tells the jury what the case is about and what evidence is expected to be brought in to prove that side of the case. It is not evidence. back to top

parties	The plaintiff and defendant in the case B also called the Alitigants@. back to top

peremptory challenge	A procedure used in jury selection that allows an attorney to reject a prospective juror without having to give a reason for the dismissal. Each side is allowed a limited number of peremptory challenges. back to top

perjury	Lying under oath, which is a criminal offense. back to top

personal recognizance	A written promise by a Defendant that he will appear in Court for a specified hearing. back to top

plaintiff	The person who makes a complaint against another person. In criminal cases, the state or local municipality is listed as the Plaintiff in a complaint. back to top

plea	The response made by a Defendant to charges filed in a criminal or traffic complaint. The three forms of pleas acceptable in Court are AGuilty@, ANot Guilty@, or ANo Contest@. back to top

pleadings	Formal, written allegations by both sides of their claims. back to top

preponderance of evidence	The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side. back to top

pretrial	A meeting with the prosecutor scheduled after your arraignment in which you or your attorney attempt to resolve your case before going to trial. back to top

probable cause	A reasonable belief that a crime was committed and the person accused of the crime was responsible. A probable cause hearing is held in felony matters. back to top

probation	Instead of sentencing a Defendant to jail, the judge may place him/her on probation which is a supervised form of release for a specified period, which may be as long as five years. While under probation, the Defendant must report to a court officer and maintain good behavior. back to top

purge	The process by which a Defendant voluntarily comes to Court to take care of a warrant or a show cause hearing. back to top

rest	The lawyer concludes the evidence to be introduced at that stage of the trial. back to top

search warrant	A written order issued by a judge or magistrate, directing a law enforcement officer to search a specific location for specific things or individuals. back to top

settlement	The conclusion of a legal matter; a compromised agreement between opposing parties in a civil suit before judgment is made, eliminating the need for a judge or jury to resolve the conflict. back to top

show cause	A hearing held to determine if a Defendant should be found in contempt of Court for failure to follow a previous Court order. A finding of contempt can carry additional fines or jail time, as determined by the Judge. back to top

stipulation	An agreement by the attorneys that certain facts are true. Facts that have been stipulated do not need to be proven in the trial. back to top

subpoena	A document containing a written command that you must appear and give testimony. The subpoena contains a time and place for the testimony to take place, and it may be in a Court or, many times, at an attorney=s office. back to top

summons	A Court notice telling you to appear in Court at a particular time and place. back to top

testimony	Any statement made by a witness under oath in a legal proceeding. back to top

verdict	The formal decision made by a judge or jury regarding the outcome of a case. back to top

voir dire	(Pronounced Avwar-deer@) ATo speak the truth.@ The process of selecting jurors for a trial in a particular case. The prospective jurors are questioned and a decision is made following the questioning whether to accept or reject a juror. back to top

waiver of time	A document signed by a Defendant or his/her attorney in a traffic or criminal matter which allows the case to continue beyond thirty (30) days. back to top

warrant	A Court order to arrest you and hold you in custody until you appear in Court before the Judge. back to top