We understand that most people have never been involved in a lawsuit. Some of the words and phrases you will hear are not familiar; therefore they are defined here for you, so you can have a better understanding of the legal process. If you hear any other words or phrases you do not understand, do not hesitate to ask your lawyer to explain them to you.
ALLEGE: To claim that something is true.
ANSWER: The paper filed in the court by the defendant’s lawyers stating their defense to your claims.
ATTORNEY: Another word for lawyer.
DAMAGES: The loss, in money, that the plaintiff claims he or she should be awarded. Only after we prove that the defendant is liable are we entitled to ask for money damages.
DEFENDANT: The person or company against whom a lawsuit is filed.
DEPOSITION: Sworn testimony given during the course of the lawsuit. Anyone, a plaintiff, a defendant or a witness, may be deposed. It allows one side to find out exactly what the other side intends to prove.
TO FILE/FILING: The physical act of taking or mailing the pleadings to the courthouse and depositing them with the clerk of courts.
INTERROGATORIES: Questions submitted by one side to the other, filed with the court, which must be answered under oath. Interrogatories usually ask specific questions on the facts of the case.
LIABILITY: Legal responsibility. What must be proved against a defendant before the plaintiff is entitled to an award of money damages.
MOTION: A paper, filed with the court, which asks the court to make an order during the lawsuit. The motion may ask for final judgment, a ruling on the admissibility in court of certain evidence, or many more things.
ORDER: Any ruling by the judge on any issue brought up by the parties. An order is signed and filed with the clerk of courts to be placed in the courts file.
PLAINTIFF: The person who asks the court to award him/her a remedy (e.g. money damages, an injunction, a declaration of rights or responsibilities, etc.)
PLEADINGS: All the papers filed with the clerk of courts during the lawsuit.
STATUTE OF
LIMITATIONS: The law which puts an absolute time limit on filing a Complaint. There are different statutes of limitations for different areas of law. For example, in a case involving bodily injury from negligence occurring in Maryland, this date is three years after the date of your injury. There are some exceptions to this law, which may allow the filing more than three years after the injury. Always consult an attorney immediately if you believe that you have a claim, and are uncertain as to the statute of limitations for your claim. You may have less than one year from the date of an injury for circumstances to bring your case in court for medical malpractice or other types of claims, so never delay.