17.1 Legal Terminology I: Pleadings, Motions, Orders & Procedure

Key Takeaways

  • A complaint starts a civil case; an answer responds to it; a motion asks the court for a ruling; an order is the court's ruling.

  • A subpoena commands a person to appear and testify; a subpoena duces tecum commands the person to bring documents or things.

  • Dismissal with prejudice bars refiling the same claim; dismissal without prejudice allows it.

  • An arraignment is the hearing where a criminal defendant is formally charged and enters a plea; an indictment is the grand jury's charging document.

Last updated: September 2026

Blueprint topic 50101 asks you to "define basic legal terminology commonly heard in judicial proceedings." You need the meanings to choose the right word when audio is unclear, and the spellings to type them correctly. Black's Law Dictionary is the blueprint's legal reference.

Starting and answering a civil case

TermMeaning
complaintThe document that starts a civil lawsuit and states the claims
summonsThe court paper notifying a defendant of the suit and the deadline to respond
service of processFormal delivery of the summons and complaint
answerThe defendant's written response admitting or denying each allegation
affirmative defenseA defense that defeats a claim even if the allegations are true (statute of limitations, self-defense)
counterclaimA claim by the defendant against the plaintiff
cross-claimA claim between co-parties (defendant against co-defendant)
third-party complaintA defendant's claim bringing in a new party
pleadingsThe complaint, answer and related filings that frame the case
default judgmentJudgment against a party who fails to respond

Discovery

TermMeaning
discoveryPretrial exchange of information between parties
interrogatoriesWritten questions a party must answer in writing under oath
request for productionA demand for documents or things
request for admissionA request that a party admit specific facts
depositionSworn out-of-court testimony, transcribed (Chapter 14)
deponentThe person being deposed
subpoenaAn order to appear and testify
subpoena duces tecumAn order to appear and bring documents or things
privilege logA list of documents withheld as privileged
meet and conferThe required attempt to resolve discovery disputes before asking the court

Motions, orders and judgments

TermMeaning
motionA request for a court ruling
motion to dismissAsks the court to end the case, often for failure to state a claim (FRCP 12(b)(6))
motion for summary judgmentAsks for judgment without trial because no genuine dispute of material fact exists (FRCP 56)
motion to compelAsks the court to order discovery responses or answers
motion in limineA pretrial request to exclude or admit evidence (Section 17.3)
motion to suppressIn criminal cases, a request to exclude unlawfully obtained evidence
continuancePostponement of a hearing or trial
stipulationAn agreement between the parties, often put on the record
orderA court's written or oral ruling
injunctionAn order to do or stop doing something; a TRO (temporary restraining order) is short-term and emergency
judgmentThe court's final decision; decree in some equity and family matters
dismissal with prejudice / without prejudicePermanent dismissal / dismissal that allows refiling
settlementThe parties' agreement ending the case

Criminal procedure

TermMeaning
complaint (criminal)A sworn charge supporting an arrest warrant or initial appearance
indictmentCharges returned by a grand jury
informationCharges filed by the prosecutor without a grand jury
arraignmentThe hearing where charges are read and a plea is entered
plea bargain / plea agreementAn agreement to plead guilty in exchange for concessions
bail / bondSecurity for release; release on recognizance (ROR) is release on a promise to appear
detention hearingA hearing on whether the defendant is held before trial
presentence reportThe probation office's report before sentencing
allocutionThe defendant's right to speak before sentence
probation / supervised release / paroleSupervision instead of or after custody
restitutionPayment to victims for losses

Appeals

TermMeaning
appealAsking a higher court to review a decision
notice of appealThe filing that starts an appeal
briefA written argument
affirm / reverse / vacate / remandUphold / overturn / set aside / send back for further proceedings
en bancHeard by all the judges of an appellate court, not a panel
writA formal court order, such as a writ of mandamus or habeas corpus

Sound-alikes and spellings to watch

HeardWatch for
"a peal"appeal
"pre-judice" / "prejudice"prejudice (never predjudice)
"judgment"judgment (U.S. legal spelling; not judgement)
"defendant"defendant, never defendent
"counsel" vs. "council"lawyer vs. governing body (Chapter 4)
"sight" vs. "cite"cite a case
"stationary" vs. "stationery"standing still vs. paper
"prosecute" vs. "persecute"bring charges vs. harass
"complaint" vs. "complainant"the document vs. the person complaining
"plaintiff" vs. "plaintive"the party vs. mournful

Terms in context: a motion hearing excerpt

          THE COURT:  We're here on the defendant's motion to
dismiss under 12(b)(6) and, in the alternative, the motion to
compel.  Ms. Lee?
          MS. LEE:  Thank you, Your Honor.  The complaint doesn't
allege any facts showing a breach.  If the Court is inclined to
deny the motion, we'd ask for a continuance of the discovery
deadline, because the plaintiff still hasn't answered our
interrogatories or produced the documents in our request for
production.
          THE COURT:  The motion to dismiss is denied without
prejudice.  The motion to compel is granted.  Responses are due
in 14 days.

What the terms tell the transcriber:

  • 12(b)(6): the rule number is spoken without "Federal Rule of Civil Procedure," so the transcript keeps it short, as spoken.
  • motion to dismiss and motion to compel: two motions, two rulings; the index or minute entry will show both.
  • denied without prejudice: the defendant may file the motion again later, so without is critical. A misheard "with" reverses the meaning.
  • interrogatories and request for production: discovery terms, spelled exactly.
  • Court is capitalized because counsel refers to the presiding judge (Chapter 4).

How to learn legal vocabulary efficiently

  1. Learn terms in the order a case uses them (Chapter 14): pleadings, discovery, motions, trial, judgment, appeal.
  2. Learn pairs, because exam items often test the difference: complaint/answer, indictment/information, with/without prejudice, affirm/reverse, sustained/overruled.
  3. Say the word, then spell it. Many errors come from spelling by sound (defendent, judgement).
  4. Use Black's Law Dictionary for any term whose meaning or spelling you are unsure of.
Test Your Knowledge

What is a subpoena duces tecum?

A

An order releasing a defendant without bail

B

An order requiring a person to appear and bring specified documents or things

C

A request that a party admit specific facts

D

A written argument filed with an appellate court

Test Your Knowledge

A judge dismisses a case "with prejudice." What does that mean?

A

The judge was biased against the plaintiff

B

The plaintiff may refile within 30 days

C

The case is transferred to another court

D

The plaintiff cannot refile the same claim

Test Your Knowledge

Which proceeding is the hearing at which a criminal defendant is formally charged and enters a plea?

A

An arraignment

B

An allocution

C

An indictment

D

A deposition

Sections you finish are checked off in the contents.