courts and procedure

The final argument of an attorney at the close of a trial in which he or she attempts to convince the judge or jury of the virtues of the client's case. (See also: closing argument)

A court order ruling that certain factual issues are already determined prior to trial, based on a motion by one of the parties, supported by evidence, contending that these issues are settled and need not be tried. For example, in a car accident case there might be overwhelming and uncontradicted evidence of the defendant's carelessness, but conflicting evidence as to the extent of the plaintiff's injuries. The plaintiff might ask for summary adjudication on the issue of carelessness, but go to trial on the question of injuries. If there is any question as to whether there is conflict on the facts on an issue, the summary adjudication must be denied regarding that matter.

See: lawsuit

See: good cause

A replacement of one of the parties in a lawsuit because of events that prevent the party from continuing with the trial. For example, substitution of parties may occur when one party dies or, in the case of a public official, when that public official is replaced or removed from office.

A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient's home, with the recipient's manager at work, or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.

Statutory or written law that governs the rights and obligations of everyone within its jurisdiction. It defines crimes and punishments, as well as civil rights and responsibilities. Compare: procedural law

A type of subpena, usually issued at the request of a party, by which a court orders a witness to produce certain documents at a deposition or trial.

To finish presenting evidence or an argument in a hearing or trial and give the matter over to the judge for a decision.

A court-ordered delay in carrying out the death penalty.