civil procedure

subpoena

A subpoena is a legal, written order to compel an individual to give testimony on a particular subject at a specific time and place, or to provide documents or other tangible objects. Subpoenas can compel an individual to testify for a...

subpoena duces tecum

From the Latin duces tecum, meaning "you shall bring with you; subpoena duces tecum is a type of subpoena that requires the witness to produce documents, books, records, or other evidence pertinent to a legal proceeding. This subpoena will...

substantial evidence

Standard of review used at the appellate level to review a trial court's decision, where the court asks whether there exists substantial evidence to support the findings of the court below.

substantive law

Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common...

substituted service

When filing any documents with the court, the party filing the paper(s) must “serve” the other party with a copy of it. Serving a document means making sure that the person whose rights are being litigated (i.e., fought over) receives a copy...

substitution of parties

Substitution of parties is a replacement of one of the parties in a lawsuit because of events that prevent the party from continuing with the trial. This can be due to a number of reasons including death, incompetence or transfer of interest...

suit

See: lawsuit

[Last updated in August of 2021 by the Wex Definitions Team]

summary adjudication

Summary adjudication is a pre-trial procedural device that allows a court to determine the merits of a particular cause of action, an affirmative defense, a claim for damages, and/or an issue of duty. This procedural device can be brought by...

summary judgment

A summary judgment is a judgment entered by a court for one party and against another party without a full trial.

Overview

In civil cases, either party may make a pre-trial motion for summary judgment.

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summons

A summons is a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server...

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