Here's What They Mean: Glossary of Legal Trems

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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 and sends you important notices about your case .

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 20 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 20 days. On a Motion to Modify child support, the deadline for filing your objection and hearing request is 30 days. (Go here to see more.) Also, either party can be defaulted for not following the rules or not showing up for court dates. New rules, effective January 1, 2009, give the responding party more chances to avoid being defaulted. But you still need to file required forms, respond to court notices, and show 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. On a Motion to Modify, 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 if you have agreed on all issues. The Magistrate or Judge will review your agreement with you, to make sure everyone understands what the final order will say.