Glossary
Adjourn – To suspend a court proceeding or hearing until a later set date.
Adjourn sine die – to adjourn without scheduling a future date
Affidavit – A signed statement sworn or affirmed before a court officer such as a lawyer or commissioner
Amend – to revise a document
Claim – An assertion of a legal right, in small claims court is known as the Plaintiff’s Claim
Clerk – court staff
Consent – to agree
Default Judgment – Judgment obtained after a Defendant fails to defend against a lawsuit
Defence to Plaintiff's Claim - The Defendant files the Defence with the court in response to the Plaintiff's Claim. Sets out why the Defendant feels he/she/it does not owe what the Plaintiff seeks in the Plaintiff's Claim.
Defendant – A person or company sued in court
Deliver – to serve a party or person with a court document then file it with the court
Deputy Judge – presiding Judge of the small claims court
Endorsement – The court’s recording of an Order or Judgment
Enforcement – Legal methods used to satisfy monies or property owing under a Judgment
Examination in aid of Execution – When A Judgment Creditor asks questions of a Judgment Debtor under oath in court for the purposes of enforcing on an unpaid Judgment
File (verb) – to submit a form or document to the court
Garnishee – The employer or other asset holder against whom the process of garnishment is issued
Garnishment - A notice to an employer or other asset holder requiring that monies, wages or property due a Judgment Debtor be withheld and given to a Judgment Creditor
Judgment – A decision rendered by the deputy judge, usually after trial
Judgment Creditor – The person or company o whom money is owed under a court order or judgment
Judgment Debtor – The person or company who owes money under a court Order or Judgment
Jurisdiction – the legal right by which a judge or court exercises authority
Litigant– a person involved in a lawsuit
Motion – procedural device to bring a contested matter, other than the trial itself, to be decided upon by the Deputy Judge
Opposing Party – the party opposing your claim or defence
Opposing counsel – the lawyer representing the opposing party
Paralegal – A legally trained professional, often specializing in small claims matters. Must now be licensed by the Law Society of Upper Canada.
Party – a person or entity that takes part in a legal proceeding
Plaintiff – A person or company who sues in court
Plaintiff's Claim - Document which the Plaintiff issues with the small claims court to start the lawsuit; sets out what the Plaintiff feel he/she/it is owed and why.
Proceeding – institution of a sequence of steps by which a judgment is invoked. Includes, lawsuits, motions, all types of court hearings
Serve – to provide another party or person with a court document
Settlement Conference – Off the record meeting between the Plaintiff and Defendant as facilitated by a Deputy Judge who will not the judge at trial; is held after the Plaintiff’s Claim and Defendant’s Claim are exchanged between the parties, prior to trial; formerly known as "pre-trial".
Small Claims Court Rules – rules governing the running of a small claims court action
Small Claims Court Trial – When each party to a dispute presents its case in court before a Deputy Judge who then renders a decision or makes a judgment.
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