courts and procedure



To offer or present for immediate acceptance or rejection, usually evidence at trial.


Definition from Nolo’s Plain-English Law Dictionary1) In a lawsuit, a neutral person (often a professional trustee) appointed by a judge to take charge of the property and business of a party to the lawsuit, and receive the rents and profits due to the...


As a provisional remedy, courts may appoint a receiver to oversee a party's property. This prevents the party from neglecting or destroying the property while the suit is pending. For example, in a suit over ownership of a shopping mall, a party might...


Definition from Nolo’s Plain-English Law DictionaryA break in a trial or other court proceedings or a legislative session until a date and time certain. Recess is not to be confused with adjournment, which winds up the proceedings.

Definition provided...

reciprocal discovery

Definition from Nolo’s Plain-English Law DictionaryAlso known as "reverse Jencks material," (named after the U.S. Supreme Court decision that established the principle, Jencks v. United States), the duty of the defense to give the prosecution copies of...


Definition from Nolo’s Plain-English Law DictionaryConducting a hearing again based on the motion of one of the parties to a lawsuit, petition, or criminal prosecution, usually by the court or agency which originally heard the matter. Rehearings are...


To remand something is to send it back. Remand implies a return. The usual contexts in which this word are encountered are reversal of an appellate decision, and the custody of a prisoner.

When an appellate court reverses the decision of a lower...

reply brief

Definition from Nolo’s Plain-English Law DictionaryWhen a case is appealed to a higher court, the written legal argument of the respondent (the party who won in trial court), submitted in answer to the "opening brief" of an appellant (the party who lost...

res adjudicata

Definition from Nolo’s Plain-English Law DictionarySee: res judicata

Definition provided by Nolo’s Plain-English Law Dictionary.

res gestae


[Latin: “things done” or “thing transacted”] The events or circumstances at issue, as well as other events that are contemporaneous with or related to them. Courts previously employed this term in order to admit otherwise inadmissible...