A | |
| Abandonment | Intentional forsaking or relinquishing of possession. |
| Abet | To encourage another to commit a crime; counsel, induce, or assist. |
| Abstract | A list of all cases filed; A condensed history of the title to land; a summary of a legal document. |
| Account | A detailed statement of the mutual demands in the nature of a debit and credit between parties. |
| Accounting Records | See Financial Records |
| Accounting System | Procedures and records which provide for accumulation and reporting of accounting data in an efficient and accurate manner and which provide appropriate internal controls. |
| Accounting Transaction | The occurrence of a financial event or condition that must be recorded. |
| Accrue | To accumulate. |
| Accused | A person charged with an offense after a formal indictment or information has been returned. |
| Acknowledgment | A statement of acceptance of responsibility; a short declaration at the end of a legal document showing the legal papers were duly executed. |
| Acquittal | A formal, legal determination that a person who has been charged with a crime is innocent. |
| Action | A suit or judicial proceeding. |
| Addendum | A list of sections consisting of additional materials. |
| Adjudication | The determination of a judicial decision; a decree of judgment upon completion of a trial or hearing. |
| Admissible Evidence | Evidence that can be legally and properly introduced in court. |
| Adversary Proceeding | A hearing with both sides represented. |
| Affidavit | A written declaration or statement of facts made under oath. |
| Affidavit of Service | A sworn statement that a legal paper has been served upon another in a lawsuit. (See Affidavit) |
| Affirmation | A declaration made under penalty of perjury by a person who declines to take an oath. |
| Aid and Abet | Intentionally help another person commit a crime. |
| Alias | A fictitious name used in place of a person's real name. |
| Allegation | An assertion or statement of a party which they intend to prove. |
| Amendment | A change in a pleading that is already before the court. |
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| Appearance | The coming into court as a party to a lawsuit. |
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| Archives | Public records maintained for legal and/or historical value. |
| Arraign | To bring a defendant before the court to hear the charges and to enter a plea. |
| Arrest | The taking of a person into physical custody to be held for appearance before the court. |
| Assess | To impose according to an established amount. |
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| Attest | To witness; to affirm to be true; to certify a public document. |
| Attorney of Record | The attorney who has entered an appearance as representing a party in a case. |
| Authenticate | To certify. A verification as to a document's validity. |
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B | |
| Bail | The money or property put up by a person for release from jail until court. |
| Bail Bond | An obligation signed by the accused or an interested party which promises that the arrested person will show up in court or risk losing the amount of the bond. |
| Bailiff | A sheriff's deputy or court official who keeps the peace in court. |
| Bank Reconciliation | The process of verifying activity posted to the accounting records and the bank account and of determining the reasons for differences between the cash balance on the bank statement and the cash balance on the accounting records. |
| Bench Warrant | Warrant issued by a judge for the arrest of a person. |
| Bench Trial | Trial without a jury in which a judge decides the facts. |
| Bond | A certificate or evidence of a debt. |
| Booking | The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows an arrest. |
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C | |
| Calendar | The court's docket of cases set for hearing. |
| Capias | A writ from a judge to take a defendant into custody. |
| Caption | The heading on a legal document listing the parties, the court, the case number, style of case, and related case information. |
| Case Fee Record | A list of the court costs taxed and fines ordered to a specific case by the judge, and all payments, disbursements, and the balance held or due on the case. |
| Cash Control Record | The listing of all amounts received and checks issued in the month. |
Case File
Certificate | A folder containing all documents relevant to a case.
A written assurance as a notice of actions or events that have occurred. |
| Certificate of Mailing | A certificate the clerk must fill out stating he/she has mailed certain items on a certain date to the person listed at a specified address. |
| Certified Copy | A copy of a document or record signed and verified as a true copy by the officer/clerk to whose custody the original is entrusted. |
| Certified Mail | Mail delivery service where proof of delivery is secured. This may require signature of anyone who received the mail, or by restricted delivery requiring the signature of the addressee. This includes certified mail carried by the United States Postal Service, or any parcel or letter carried by an overnight, express, or ground delivery service that allows a sender or recipient to electronically track its location and provides record of the signature of the recipient. |
| Certified to Circuit Court | When a jury trial is requested in a municipal division case or an associate division case, the case is certified to the presiding judge for assignment. |
| Citation | A notice to appear in court or risk losing a right; a notice of a violation of law. |
| Closed Record | Criminal case in which the charge in nolle prossed, dismissed, the accused is found not guilty, or imposition of sentence is suspended. Closed records are not destroyed but are inaccessible to the general public. |
| Complaint | The document signed by the prosecuting attorney or the complaining witness charging a person with a criminal offense or a municipal ordinance violation. |
| Concurrent | Running together. A concurrent sentence would be serving time for multiple convictions at the same time. |
| Confidential Records | Courts records specified by statute as "closed records"; records that are not open to public inspection. |
| Consolidate | To bring at least two cases previously filed under separate case numbers, together under one number. |
| Contempt | A willful disobeying of a judge's command or official court order. |
| Contempt of Court | An act which obstructs the court in the administration of justice. |
| Continuance | The postponement of an action pending in a court to a later date. |
| Conviction | A judgment of guilty against a criminal defendant. |
| Counsel | Attorney |
| Count | Each separate charge of an information. |
| Court | A body in government to which the administration of justice is delegated. |
| Court Costs | The amounts assessed against a party in litigation. Such amounts are determined by the court on a case by case basis and vary depending upon the course of litigation. Court costs may include fees, miscellaneous charges, and surcharges. |
Court of Record
Court Operating Rules | A court whose acts and proceedings are recorded and preserved.
Rules promulgated by the Missouri Supreme Court dealing with such issues as recordkeeping, reporting, data processing, preparation of transcripts, local court rules, personnel, and records retention/destruction. |
| Criminal Action | The proceeding by which a party charged with an offense is accused and brought to trial. |
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D | |
| Default | A failure to perform a legal duty, observe a promise, or fulfill an obligation. |
| Defendant | The person against whom a legal action is brought. |
| Delinquent | Overdue and unpaid; willfully and intentionally failing to carry out an obligation. |
| Deposit | Place property in another's hands for safekeeping. |
| Detention | Holding a person in custody. |
| Direct Examination | The first questioning of a witness in a trial by the side who called that witness. |
| Disburse | To allocate the money collected to specific fines and costs (fees, miscellaneous charges, and surcharges). |
| Discharge | Release; remove; dismiss |
| Dismissal | A court order or judgment that puts a case out of court. |
| Dismissal Docket | The process by which, after a certain period of time has elapsed, all cases in which nothing has happened during this period of time are put on a docket to be dismissed if the parties, after notification of that fact, do not appear or plead. |
| Disposition | The result of the case. |
| Document | Any Piece of written information that is included in the case file. For example, a warrant of entry of appearance request are examples of a document. |
E | |
| Execution | An order for the sheriff to attach any property of a judgment debtor in the amount that will satisfy the judgment. |
| Exhibit | An item or document produced as evidence in court. |
| Expunge | Physically destroying records upon an order of the court. |
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F | |
| Fee | An amount charged for the performance of a particular court service. These fees are specific by statute. |
| File | The complete court record of a case; "to file" a paper is to give it to the court clerk for inclusion in the case record. |
| Financial (Accounting) Records | Records maintained by the clerk of the court to account for all monies received into and disbursed by the court. |
| Fine | A monetary penalty imposed upon a person convicted of an offense. |
| Forfeiture of Bond | Process by which a person loses their right to a bond which had previously been posted. |
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G | |
| Guilty Plea | Defendant's answer in court when admitting he/she has committed the offense with which he/she is charged. |
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H | |
| Hearing | A proceeding in court where evidence or arguments are presented by the parties in a suit. |
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I | |
| In Forma Pauperis | Permission to pursue legal proceedings without paying any court costs. |
| In Lieu of | Instead of; in place of. |
| Incarceration | Confinement in a jail or prison. |
| Information | The document filed upon delivery of a cause to a court, sworn to by the prosecutor, charging a defendant with a crime. |
| Infraction | A violation of a statute for which the only sentence authorized is a fine. |
| Internal Controls | Procedures and records designed to promote responsible operation of an organization. |
| Investment Record | The accounting record that contains all the information about an investment account. |
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J | |
| Judgment | The official decision or determination on issues in a court proceeding. |
| Jurisdiction | The geographical area within which a court has the right and power to operate; the persons about whom and the subject matters about which a court has the right and power to make decisions. |
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K | |
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L | |
| Local Court Rules | Rules prepared by the judges of each judicial circuit outlining specific procedures to be followed in that circuit. |
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M | |
| Miscellaneous Charges | An amount charged for the performance of a particular service by a person or organization other than the court. These charges are specified by statute. |
| Misdemeanor | An offense less serious than a felony. |
| Motion | A request that a judge makes a ruling or take some other action. |
| Municipal Division | A division of the circuit court responsible for municipal ordinance and traffic violations. |
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N | |
| Nolle Prosequi | The ending of a criminal case because the prosecutor decides or agrees not to prosecute a case that has been filed with the court. |
| Non-Resident Violator Compact | An agreement between states in which nonresident motorists receiving citations for traffic violations in Missouri, receive penalties in their state based upon Missouri charges. |
| Not Guilty | A plea by a defendant on arraignment for a criminal charge. |
| Notary Public | A public officer whose function is to administer oaths, to attest and certify by his hand and official seal. |
| Notice | Knowledge of certain facts; formal receipt of the knowledge of certain facts. |
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O | |
| Oath | A formal swearing that you will tell the truth. |
| Obligor | Person(s) obligated under a bond. |
| One-Write System | See pegboard system. |
| Open Item | The money held on a case that has not been disbursed. |
| Opinion | A judge's statement of the decision reached in the case. |
| Order | A command by the court. |
| Ordinance | A local or city law, rule, or regulation. |
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P | |
| Parties | The persons involved in any legal proceeding. |
| Pegboard System | A system through which one manual posting performs several different accounting functions regarding the case fee records, the cash control journal, the receipts, the checks, and the other accounting records by the use of NCR paper and carbon paper. |
| Pending | Begun, but not yet completed. |
| Per Diem | By the day; an allowance or amount per day. |
| Petition | A written request to a court that it take a particular action. |
| Plea | The defendant's formal answer to a criminal charge. |
| Probation | Allowing a person convicted of a criminal offense to stay out of jail under certain conditions. |
| Proceeding | A case in court. |
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Q | |
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R | |
| Remand | To send back. |
| Rescind | To void; to cancel. |
| Restitution | Giving something back; repaying victim for loss or damages. |
| Return | Endorsement made upon writ by officer making service, stating the facts of that service. |
| RSMo | Abbreviation for Revised Statutes of Missouri. |
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S | |
| Satisfaction | Taking care of a debt or obligation by paying it. |
| Seal | An impression to be made on a document to attest to the validity of the signatures on the documents, or the document itself. |
| Sentence | Judgment imposing penalty for offense. Penalties may include imprisonment, fine, a suspended imposition of sentence, a suspended execution of sentence, restitution, community service, or attendance at educational programs. |
| Service | The delivery of a legal paper. |
| SES | Abbreviation for Suspended Execution of Sentence. |
| Set | To place on court’s calendar for hearing. |
| Show Cause | A court order requiring a person to appear in court and explain (show cause) why the court should not take a proposed action. |
| SIS | Abbreviation for Suspended Imposition of Sentence. |
| Statute | A law. |
| Statutory | Required or created by statute. |
| Stay | To stop or hold off. |
| Subpoena | A court's order to a person that he or she appear in court to testify in a case. |
| Subscribe | Sign at the end of a document. |
| Summons | A writ to be served on the defendant in an action to notify him of the action and that judgment will be taken against him if he does not appear or plead. |
| Supreme Court | The highest court in the State of Missouri. |
| Surcharge | An amount added to fines, fees, or taxable/assessed costs that is used for a designated purpose. |
| Surety | A person or company that insures or guarantees that another person will fulfill their obligation. |
| Suspended Execution of Sentence (SES) | A sentence is given, but not imposed, and the defendant is placed on a term of probation. |
| Suspended Imposition of Sentence (SIS) | A sentence is not given and the defendant may be placed on probation. |
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T | |
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| Transaction | The occurrence of a financial activity that must be recorded. |
| Trial | The proceedings in a court where the issues between the parties are heard and decision upon the issues made. |
| Trial De Novo | A new trial. Trying the same matter as if it has not been heard before. In Missouri, a trial on the record. |
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U | |
| Uncollected Costs and Fines | The court costs and fines ordered to be paid to the court that have not been received by the court. |
| Uniform Citation | A traffic ticket which is used to file a case with the court. |
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V | |
VB
Vacate | Abbreviation for Violations Bureau
To set aside. |
| Venue | The local area where a case may be tried. |
| Violations Bureau | A process (established by court order) by which designated traffic, animal control, and housing fines and costs can be paid in person or through the mail without having to make an appearance in court. |
W | |
| Warrant | Permission given by a judge to arrest a person, conduct a search, seize an item, etc. |
| Writ | A judge's order requiring the performance of a specified act or giving authority to have it done. |
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Y | |
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