Legal Terminology D & E

Deadlocked

A jury is unable to agree on a verdict

Declarant

One having a interest in a matter who makes an unsworn statement

Declaration

A statement made by a person who has a personal interest in the outcome of a case

Declaration statement

Written statements of fact, generally not made under oath; see affidavit

Defendant

Person against whom a lawsuit is filed

Demurrer

Assertion by a defendant that, although certain facts alleged against him/her may be true, they do not entitle the plaintiff to prevail

Deponent

The person being questioned in a deposition

Depose

The act of conducting or asking questions at a deposition

Deposition

Questioning by attorneys of a party or witness under oath (outside of court)

Direct examination

The first questioning by the attorney (or an unrepresented party) who called the witness

Direct testimony

Answers given to questions posed by the attorney who calls the witness; also, testimony given under oath by a person appearing pro se

Discovery

The phase of the lawsuit wherein the acquisition of notice or knowledge of given acts or facts are ascertained by the Parties to the lawsuit. Pretrial gathering and subsequent exchange of evidence

Dismissed with prejudice

Case dismissal that cannot be brought again

Dismissed without prejudice

Case dismissal that can be brought again when appropriate

Docket number

Identifying number assigned when a case is filed with the court

Emend

To change or correct to improve the quality of a document

Entrap

Induce a person to commit a crime who otherwise would not commit one

Equity

Branch of law dealing with just results in specific cases, not strict general rules

Errata

Substantive errors found in a deposition or other document (singular, erratum)

Errata sheet

A page inserted into the transcript that allows deponent to make corrections to the transcript

Evidence

items, whether written, oral, audible, or visual, presented to support allegations in a case, including physical objects, such as guns, narcotics, finger prints, etc.

Examination

Questions posed to a witness or deponent

Execute

To sign, complete, perform

Exhibit

A tangible item of evidence, whether a document or other object

expert

One having special expertise which may assist a court, but who is not connected with the case

Extradition

Bringing someone in custody from one state to another state or country