Chapter Eight Flashcards
The portion of a pleading or official document which contains the identification of the parties, the case number, and the document title.
Caption
Paper required for all litigation documents filed, 8 1/2 inches by 11 inches, with numbered lines on the left hand margin.
Pleading paper
Latin for “and others” used to indicate additional parties in a case name for example.
Et al.
The number assigned by the court clerk to the complaint when it is filed for the first time.
Case number
Defendants who are named only as “does” in the caption and pleading because their identities are unknown at the time of pleading.
Doe defendants
Time within which matters must be filed or all rights will be forfeited.
Statute of limitation
The doctrine allowing the allegations of a complaint to be asserted against a doe defendant after the statute of limitations has run.
Relate back
Under oath
Verified
Statement of nature and amount of damages required in personal injury cases in state court.
Statement of damages
Signature by attorney or party on pleading or discovery document.
Subscription
Document that certifies the truth of a pleading or discovery responses under oath.
Verification
Service of summons on the defendant by personal delivery.
Personal service
Service of summons on the defendant by personal delivery to a person at the defendant’s home or place of business, followed by mail service.
Substituted service
Mail service of summons including a form to be returned by the defendant indicating receipt.
Acknowledgment and receipt
Service by publishing a notice in the newspaper under conditions specified by the court when personal service is unsuccessful.
Publication
