civil procedure

subpena (subpoena)

A subpoena is a court order that requires a person to appear before a court, and testify, or produce specified evidence. A person who receives a subpoena but fails to comply with it may be charged with contempt of court and be subjected to...

subpoena

A subpoena is a written order to compel an individual to give testimony on a particular subject, often before a court, but sometimes in other proceedings (such as a Congressional inquiry). Failure to comply with such an order to appear may be...

subpoena duces tecum

A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you".

See, e.g., United States v. Nixon, 418 U.S. 683...

substantial evidence

Standard of review used at the appellate level to review a trial court's decision, where the court asks whether there exists substantial evidence to support the findings of the court below.

substantive law

Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common...

substituted service

When filing any documents with the court, the party filing the paper(s) must “serve” the other party with a copy of it. Serving a document means making sure that the person whose rights are being litigated (i.e., fought over) receives a copy...

substitution of parties

Substitution of parties is a replacement of one of the parties in a lawsuit because of events that prevent the party from continuing with the trial. This can be due to a number of reasons including death, incompetence or transfer of interest...

suit

See: lawsuit

[Last updated in August of 2021 by the Wex Definitions Team]

summary adjudication

Summary adjudication is a pre-trial procedural device that allows a court to determine the merits of a particular cause of action, an affirmative defense, a claim for damages, and/or an issue of duty. This procedural device can be brought by...

summary judgment

A summary judgment is a judgment entered by a court for one party and against another party without a full trial.

Overview

In civil cases, either party may make a pre-trial motion for summary judgment.

Rule 56 of the Federal Rules of...

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