You may see words in the court forms that you don't understand. People who
work at the Court may use words you don't know. Here are some legal terms,
explained in plain English.
Affidavit
means a written sworn statement where you say, under oath, that the statement
is true. You must sign an affidavit in front of a
notary public.
Clerk is the person
you go to for court forms. The clerk also files your papers in your court
file. The clerk sets the time for conferences and hearings.
Complaint is
one of the court forms you or the other party filed with the court to start
your original divorce or parental rights case.
Contested hearing
is a formal court hearing. A Judge or
Magistrate hears both parties tell their stories and then gives
an order to resolve the dispute. You can speak for yourself, bring witnesses,
and present documents. Court rules of evidence and procedure will be followed.
Default means
that the court gave the moving party what he asked for because the other
party did not oppose the motion
with a written response. The usual deadline
for filing the response is 21 days after the motion is served.
If you were served with a motion
and you don't want to be defaulted, file
your “Opposition to Motion” with the clerk within 21 days. On
a Motion to Modify child support, the deadline for filing your
objection and hearing request is 30 days.
(Click here to see more.)
Also, either party can be defaulted for not following the rules or not showing
up for court dates.
Defendant is
the person who got the court papers (the Complaint)
from the Plaintiff in the original case. Even
if you are the one who is bringing the case back to court, you will still
be the defendant if you were the defendant before.
Family Law Magistrates: See
"Magistrates."
Fee Waiver is granted by the court
if you cannot
afford the court costs. Read more.
Filing a paper with the court simply means
handing it, or mailing it, to the court clerk.
Final order
is the last step of your case (unless you appeal). This order is where the
Judge or Magistrate says in writing what each party's new rights
and responsibilities are. If the court orders a change, you must comply
with the new order, as well as any unchanged parts of the original judgment.
Guardian ad litem, or GAL,
is a person appointed by the court to “protect and promote the best interests” of the child.
The GAL interviews the child, the parents, and others involved with the child. Then the GAL files a
report with the court, recommending a parental rights decision that he believes to be in the child’s
best interests. Read more.
In forma pauperis
means getting the Court to waive your court fees because you can’t afford to pay. Most court
personnel refer to this now as a fee waiver. Read more.
Interim Order
is the temporary court order you may get soon after you file your motion.
In this order, the court tries to take care of your children's needs until
your motion is finally resolved. If your motion can be decided quickly,
then you may not go through the interim order step.
Judgment is
the final order you got from the court in your
original divorce or
parental rights
case. In a divorce, this is also sometimes
called the “divorce decree.”
Law Court
is the Maine Supreme Judicial Court, acting as the appellate court. Under recent rule changes, all
appeals in family law cases go directly to the Law Court. The Court reviews whether the trial court made
any errors of law. It does not hear new evidence or retry the facts of your case.
Magistrates have some, but not all,
of the powers of Judges. For
example, the Magistrate can order how much child support must be paid. Also, the
Magistrate helps you to understand the court process and to move your case along.
The Magistrate will hold your first court meeting. You may meet with the Magistrate again
later in your case, or with a Judge, depending on the issues to be decided. Magistrates, as well
as Judges, have the duty to look out for the best interests of your children. The Magistrate
will tell you about how important it is for you, too, to focus on this goal.
Mediator is
a person who helps you figure out whether there are issues you can agree
upon. The mediator is neutral. The mediator cannot order you to do anything.
However, the mediator requires both parties to make a “good faith”
effort to mediate. The mediator files a report with the court about the
outcome of your mediation.
Motion
is a paper you file with the court, asking the Judge or
Magistrate to decide an issue.
Mutual children
are the natural or adopted children of the two parties.
Notary public
is a person who can be a witness when you sign papers that have to be “sworn
to” or “notarized.” (See affidavit.)
When a court form calls for this, go to your local “notary,” or
court clerk, who can
watch you sign the form. Banks and law offices also have notaries.
Parental Rights and Responsibilities case is the type of
court case you or the other party filed if you were not married. If you
were married and had mutual children, the
divorce order addressed parental rights and responsibilities issues, as
well as property and spousal support issues. Many post-judgment
motions
ask the court to enforce or revise the parental rights and responsibilities
part of the original order.
(Read more in Questions and Answers.)
Plaintiff
is the person who filed and served
the court
papers to start the original case. If you were the plaintiff before, you
are still the plaintiff now, even if the other party filed the post-judgment
motion.
Primary residence
is where a mutual child lives most of the time.
Pro se means
doing your own court case without a lawyer.
Public assistance
benefits, in the
motion form, means TANF (formerly AFDC) or MaineCare (formerly Medicaid).
Serve (or
"service") means giving the court papers to the other party. Court
rules say how this must be done. “Proof of service” is showing the
court that the other side has been given the court papers according to the
rules. You do this by filing: (1) a signed acknowledgement form, or (2) a certified
mail receipt (green card), or (3) a deputy sheriff's signed statement on the
Motion form. (You must use method (3) to serve a contempt motion.)
Spousal support
or “alimony” is money given to a former spouse to help support
him or her.
Spouse means your
husband or wife.
Subpoena is
a paper that orders a person to go to a court hearing to testify.
(Read more about how to subpoena a witness.)
Uncontested hearing
is the type of hearing you will have at the end of your case
if you have agreed on all issues. It is a very short formal court hearing
where the Magistrate or Judge asks a few simple questions.
The Magistrate or Judge will also review your agreement with you, to make sure
everyone understands what the final order will
say.
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Notice
© Pine Tree
Legal Assistance
January 2007
Sometimes the laws
change. We cannot promise that this information is always
up-to-date and correct. If the date above is not this year,
call us to see if there is an update.
We provide this
information as a public service. It is not legal advice.
By sending you this information, we are not acting as your lawyer.
Always consult a lawyer, if you can, before taking legal action.
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