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civil procedure

Acceptance of service

in

Definition

Agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff.  Acceptance of service is accomplished by signing a "receipt and acknowledgment of acceptance of service" (or similarly titled instrument).  This satisfies the notice requirement of due process.

Year and a day

in

Definition

A period of time running from any date until the same date in the following year, e.g. from January 1 to January 1 of the following year. At common law, the statute of limitations for filing certain claims and prosecuting certain crimes. The term arose because a year from January 1 would traditionally run through December 31, not January 1. Also called "year and day."

Privilege

in

Definition

In the law of evidence, certain subject matters are privileged, and can not be inquired into in any way. Such privileged information is not subject to disclosure or discovery and cannot be asked about in testimony. Usually, privileges exist not because of a fear that information provided will be inaccurate, but because there are public policy reasons the information should not be disclosed.

Stay of Proceedings

in

A ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. A court may later lift the stay and continue the proceeding. Some stays are automatic, but others are up to judicial discretion. Usually, the pendency of an appeal usually stays proceedings in the court below. In Long v.

Clearly erroneous test

in

Test used by appellate court engaging in reviewing a holding by a lower court. The test, established by Rule 52(a) of the Federal Rules Civil Procedure, states that fact findings by a judge in a nonjury trial stand “unless clearly erroneous and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.”

Vacate

in

Definition

1) In civil and criminal procedure

To set aside or annul a previous judgment or order.

2) In property law

To surrender or leave the premises.

Pennoyer rule

in

A rule that prevents courts from issuing personal judgments against defendants over whom they have no personal jurisdiction.  The name comes from a landmark case of the U.S. Supreme Court: Pennoyer v. Neff, 95 U.S. 714 (1878).

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