Chapter 6 Civil Litigation 8th Edition Kerley Definitions

Affidavit

A written statement sworn to under penalty of perjury before a notary or other person permitted by law to administer an oath

Affirmative Defense

Facts alleged by a defendant in an answer, which if proven, defeat plaintiff’s claim, even if the plaintiff can prove all the elements of his or her cause of action.

Compulsory Counterclaims

A defendant’s claim against a plaintiff' that must be brought in the lawsuit or is forever barred; one that is based on the same subject or transaction as the original claim.

Contribution

The right of a person who has paid an entire debt (or judgment) to be reimbursed a proportionate share of the judgment from another person who is also responsible for the debt.

Counterclaim

In a civil lawsuit, a claim for some relief made by a defendant against the plaintiff.

Cross-Claim

In a civil lawsuit, a claim made by one defendant against another related to the plaintiff’s claims.

Demurrer

A legal pleading in some state jurisdictions that attacks the validity of another pleading (usually a complaint) in that on its face, the pleading does not state facts that satisfy the requirements of the pleading.

Entry of Default

Action by a court clerk noting that the defendant has failed to file a proper response to the complaint.

General Denial

A type of answer in which all of the allegations of the complaint are denied.

Indemnification

A concept allowing a defendant who has paid a judgment to seek reimbursement from another more culpable party, usually where the defendant seeking indemnification has done nothing wrong, but is nevertheless liable or where the parties have an agreement that one part will indemnify the other.

Motion for a More Definite Statement

A motion made in response to a complaint in which the defendant challenges the clarity or specificity of the complaint.

Motion to Dismiss

A party’s request that the court strike or terminate the case prior to any judgment.

Open Stipulation

An agreement between parties or their attorneys that a defendant need not answer a complaint within the time directed by law and need not answer until specifically notified by the plaintiff to do so.

Permissive Counterclaim

A defendant’s claim against a plaintiff that a defendant is allowed but not required to make; one that is not necessarily related to the plaintiff’s claim.

Qualified Denial

A type of answer denying all of the allegations of the complaint except those that are specifically admitted.

Reply

In federal practice, a pleading in response to an answer sometimes required of a plaintiff.

Specific Denial

A type of answer in which the defendant specifically replies to each of the contentions alleged in the complaint.

Third-party Complaint

A complaint brought by a defendant in a lawsuit, based in the claims in that lawsuit, against someone not named in the original lawsuit.