County Court
Court Terminology
The following terms are presented here to assist in understanding what goes on within the courtroom. They are not meant to be considered legal advice; nor are they to be considered “all-inclusive” definitions.
ACQUITTAL
A verdict of not guilty for a defendant in a case that has gone to trial.
ADVISEMENT
First appearance by a defendant in a court case, where he is formally advised of his constitutional rights and the various pleas that he could enter. The court explains various rights of defendant, such as right to trial, right to speedy trial, right to attorney, right to subpoenas, right to testify, right to remain silent, right to be heard before sentencing, right to appeal, presumption of innocence, burden of proof, etc. The court usually also explains various procedures which will be followed.
AMENDMENT
Written proposal to change or modify a court action.
APPEAL
A request to take a case to a higher court for review.
ARRAIGNMENT
A court proceeding in which the charges are read in open court to the defendant. At this time, the defendant decides whether to plead guilty or to plead not guilty and ask for a trial.
ARREST
To deprive a person of his liberty by legal authority. An officer must indicate his intention to detain or take the person under actual control.
BAIL (BOND)
The amount of money that needs to be posted with the court to secure the defendant’s future appearance at all court dates. If the defendant cannot post bond, he remains in custody. If the defendant can post bond he is released until the next court date. The bond is refunded at the end of the case if the defendant makes all court dates and fulfills all requirements.
The release of arrested or imprisoned person when security, cash or property is given or pledged to insure their appearance in court at a future time.
Bond, Personal Recognizance
A bond posted on the defendant's promise to appear without giving security to the court or professional bondsman
Bond, Cash
A bond posted by the defendants for the full amount of the bail in cash.
Bond, Property
A bond in which the defendant in court offers real estate as security for the appearance.
Bond, Surety
A bond posted by a second party.
Bond, Military
A bond authorizing release of a defendant into the custody of his commanding officer, with the promise of the commanding officer to return the defendant to court.
BAILIFF
A court clerk or attendant.
BENCH WARRANT
An order from a judge that the defendant is to be arrested when contacted by the police.
BOND FORFEITURE
Court action taken against a defendant or surety resulting from the defendant's failure to appear while on bond.
BOUND OVER
The act of transferring a case from the County Court to the District Court.
CALENDAR
The daily schedule of court appearances by judge or court; may refer to the monthly or yearly calendar for each judge or court.
CASE CLOSED
All requirements of the case have been completed. It does not mean the case is dismissed. No other court dates are required. All matters have been resolved.
CERTIFIED COPY
A copy of a document or a record signed and certified as a true copy by the officer to whose custody the original is entrusted.
CERTIFY
To testify in writing: To make known or establish as fact. When a clerk "certifies" a document, he or she stamps a copy document with the "Attest True Copy" stamp. He or she then dates, signs and seals the document, which attests in writing that the document is an exact copy of the original document that must remain on file with the court.
CHARGE
An accusation of violation of law included in the summons and complaint.
CITATION
(1) A writ issued by a court ordering as person to do something ordered therein or show cause why he should not. (2) An order or summons by which a defendant is notified to appear in court.
CITY ATTORNEY
The prosecutor in a municipal ordinance violation case. In Denver, they may also be sworn as special deputy district attorneys for the purpose of prosecuting state statute violations.
CIVIL ACTION
An adversary proceeding for the enforcement or protection of a right or the redress or prevention of a wrong.
COMPLAINT (CIVIL)
The first or initial pleading on the part of the plaintiff. Its purpose is to give the defendant information of all material facts on which the plaintiff relies to support his demand.
COMPLAINT (CRIMINAL)
A charge by a D.A. or law enforcement officer, brought before a judge or magistrate having jurisdiction, stating a violation of a specific state or municipal statutory law by a person named (or unknown person) causing prosecution to be instituted.
CONCURRENT JURISDICTION
The power of more than one court to hear the same subject matter.
CONCURRENT SENTENCES
To be served simultaneously (at the same time) rather than successively (one after another).
CONSECUTIVE SENTENCES
To be served one after another instead of simultaneously (at the same time).
CONTEMPT OF COURT
Any act which is calculated to embarrass, hinder, or obstruct the court’s administration of justice, or which is calculated to lessen its authority or dignity.
CONVICTION
The judgment by the court or jury finding the defendant guilty of committing an offense. In a criminal trial, the judgment that the defendant is guilty and a sentence shall be imposed.
COUNSEL
Lawyer or group of lawyers representing a client.
COURT OF RECORD
A court in which a verbatim record of the proceedings are kept, either by stenographic means or electronic recordings.
CRIMINAL ACTION
An action between the state and a person, where the person is charged with committing an act prohibited by law, for which a criminal penalty may be imposed.
DECREE
A judgment of the court that announces the legal consequences of the facts found in a case and orders that the court's decision be carried out. The term is usually used to reference a final divorce order, final adoption order, etc.
DEFENDANT
A person accused.
DEFENSE ATTORNEY
The defendant's lawyer.
DEFAULT JUDGMENT
A judgment entered because the defendant failed to appear or answer a complaint.
DEFERRED JUDGMENT SENTENCE
A defendant pleads guilty and forever gives up his right to a trial. He must pay court costs and perhaps fulfill obligations such as useful public service, attend classes. He must also commit no other offenses over a set period of time. If the defendant completes these obligations, he is entitled to withdraw his plea and the case will be dismissed, avoiding a conviction.
DEFERRED PROSECUTION
A plea agreement procedure by which the court, with the consent of both the prosecutor and defendant, may order the trial postponed for a period not to exceed two years - although no actual plea has been entered
DEFENDANT
The party against whom a criminal or civil action is brought.
DISCOVERY
The procedure by which a party may obtain information from witnesses and parties before commencement of trial.
DISMISSAL
The final order or judgment disposing of an action without a trial of the issues involved. The case has been ended without a conviction. Perhaps the case could not be proven beyond a reasonable doubt or perhaps conviction was prevented by some technicality. If a defendant ever had requirements to fulfill, it is unlikely his case was dismissed.
With Prejudice
Bars the right to bring the action on the same claim again.
Without Prejudice
Allows complainant to file again on the same cause of action.
DISPOSITION
A resolution of the case in some way without a trial, perhaps through a guilty plea, perhaps in exchange for having other charges dismissed. The final result of a case or a charge.
DISTRICT ATTORNEY
The prosecutor in a state statute violation case.
DIVERSION
An opportunity to the defendant to avoid having to go to trial or plead guilty, usually in juvenile matters. If the defendant meets the requirements of diversion such as attending classes, staying out of trouble, defendant is entitled to have the case dismissed. A defendant neither admits nor denies that he is guilty by accepting diversion. If the defendant fails to complete diversion he still has the right to have a trial.
DOCKET
A list of court cases or a judge's calendar. To enter data or index case activity on the computer.
DOUBLE JEOPARDY
The US Constitution prohibits a person from being prosecuted for the same crime more than once. The conditional prohibition against a second presentation of a person for the same crime.
EVIDENCE
All types of information presented at a trial.
EXHIBIT
Any object or document offered as evidence in a trial.
EXTRADITION
Surrender by one state of an individual accused of an offense in another state.
FELONY
Offenses defined by state statute as "crimes of a grave or serious matter." There are five classes of felonies, with class one being the most serious and class five being the least serious.
GARNISH
To attach the personal property, including wages, of a judgment debtor.
GARNISHEE
One garnished; a person against whom process of garnishment is issued; one who has money or property in his possession belonging to a judgment debtor or who owes the judgment debtor a debt.
GARNISHMENT
A statutory proceeding whereby a person's (judgment debtor) property, money or credits under control of another are applied to payment for the formers debt to a third person (judgment creditor).
GUILTY
An admission by a defendant of committing an offense; a finding by the court or a jury that a defendant is responsible for committing an offense.
HEARING
A proceeding with definite issues of fact, a listening to of arguments.
INDICTMENT
A formal written accusation originating with a prosecution and issued by a grand jury against a party charged with a crime.
IN FORMA PAUPERIS
In the manner of a pauper; describes permission given to a poor person to litigate without payment of costs.
INTERROGATORIES
A type of form. Questions asked by one party and served on an opposing party who must answer them in writing under oath.
JUDGMENT
The final decision of the court resolving the dispute and determining the rights and obligations of the parties. The law’s last word in a judicial controversy. Decision or sentence of the law, given by a court of justice or other competent tribunal as a result of proceedings instituted therein.
JURISDICTION
The legal power to hear and decide cases; the territorial range of such power.
JURY
A group of people sworn to hear evidence, to inquire into the facts in a legal case and to give a decision according to their finding.
JURY SUMMONS
Notice used to require a person to appear and serve on a jury.
LITIGANT
A party to a lawsuit; someone engaged in litigation.
MINUTES
The formal record of each action taken by a court on a given day.
MINUTE ORDER
An order entered in court or as a ruling on a motion.
MISDEMEANOR
Those offenses defined by state statute as less serious than felonies and generally punishable by fine and/or jail time rather than a sentence in a penitentiary. There are three classifications of misdemeanor, with class one being the most serious and class three being the least serious.
MITTIMUS
A written court order to a sheriff, commanding him to imprison a defendant in a detention facility for a certain period of time. A court order delivering custody of a person to a specified officer.
MOTION
A party to a case submits a proposal or request for consideration by the court.
Motor Vehicle Department (MVD) Report
The history of a driver containing date of offense, date of conviction, offense, location of offense, points assessed, and whether or not an accident occurred.
NOLO CONTENDERE
A plea meaning "no contest"; has the same effect as a guilty plea as far as the trial and sentence are concerned.
OFFENDER
One convicted of committing a crime.
OFFENSE
A breach of the statutory or municipal laws.
ORDINANCE
A law passed by a city or town law-making body.
OUSTANDING JUDGMENT WARRANT (OJW)
If a person fails to appear or fails to complete a court requirement, an OJW issues from the Court to the motor vehicle division. It operates as a lien against one's license. A person with a license loses the license unless he fulfills the remaining court requirements within 30 days. A person who does not yet have a license may not obtain one until the court requirements are completed. Once the requirements are met, the defendant must pay a $30.00 OJW fee. Then the court notifies the motor vehicle division that all requirements have been completed. The defendant may then obtain his license.
PERSONAL SERVICE
Actual delivery of process to person to whom it is directed or to someone authorized to receive it in his behalf.
PLAINTIFF
A person who brings an action; the party who complains or sues in a court case.
PLEA
To deliver in a formal manner the defendant’s answer to the plaintiff's declaration, complaint or to the indictment.
PLEA BARGAIN
An agreement between the prosecutor and a defendant in which the prosecutor offers the defendant the option of pleading guilty to a lesser charge rather than go to trial.
PLEA & SETTING
A court date at which a defendant enters a plea of guilty or not guilty. This occurs after arraignment has occurred
PRELIMINARY HEARING
A hearing in County Court on a felony case where a judge decides if there is probable cause to continue the case. If the judge decides that there is probable cause, the case is bound over to District Court.
PRE-TRIAL CONFERENCE
An informal conference between defendant and prosecution and the court to clarify and narrow the issues and to attempt to work out a settlement.
PROBABLE CAUSE
There is probable cause when there is "reasonable grounds" to believe that a crime has been or is being committed
PROBATION
A type of sentence in which the defendant is placed under the court's supervision for a period of time. During this period the defendant has requirements to fulfill such as attending classes, doing useful public service work, paying restitution, keeping drug and alcohol free, avoiding any new offenses, etc. A probation officer usually supervises probation. Ordinarily probation is an alternative to a jail sentence, although sometimes there may be a brief jail sentence followed by probation.
PROCESS
A summons, writ, warrant, mandate or other order issuing from a court.
PROCESS SERVER
Person authorized by law to serve process papers on a defendant.
PROSECUTOR
A lawyer who represents the government in bringing legal proceedings against an alleged wrong doer.
PUBLIC DEFENDER
A lawyer employed by the government to represent a person accused of a crime that cannot afford to hire a lawyer to defend him.
QUASH
To render of no legal effect.
REASONABLE DOUBT
A reasonable doubt exists when a fact finder cannot say with moral certainty that a person is guilty or a particular fact exists. It must be more than an imaginary doubt, and it is often defined judicially as such doubt as would cause a reasonable person to hesitate before acting in a matter of importance.
REGISTER OF ACTION
The permanent record of all filings and proceedings in a court case.
REGISTERED AGENT
The one authorized to accept service of process for a corporation. May be an individual or a corporation.
REGISTRY
Funds received in trust by order of the court and disbursed by order of the court; these funds are not property of the State of Colorado.
RESTITUTION
A payment made by a defendant to a victim for monetary losses suffered by the victim as a result of the defendant's conduct.
RETURN OF SERVICE
The document signed by a process server attesting to deliverance of process, who was served, how the paper was served, the time and mode of service.
SATISFACTION OFJUDGMENT
A document filed by the judgment creditor indicating that a money judgment has been paid or otherwise satisfied.
SENTENCE
The punishment given to a person convicted of a crime.
SERVICE
The exhibition or delivery of a writ, summons, complaint, notice, order, etc., by an authorized person, to a person who is thereby officially notified of some action or proceeding in which he is thereby named.
SERVICE BY PUBLICATION
Service of a summons or other process upon an absent or nonresident defendant by publishing the same as an advertisement in a designated newspaper.
Sheriff's Work Program (Juvenile Offender Work Program -- JOWP)
A form of penalty in which the defendant works directly under supervision of the sheriff on outdoors projects with other young offenders.
SHOW CAUSE
Explain or justify
STAY OF EXECUTION (S.O.E.)
A delay in the enforcement of a court order.
SUBPOENA
A written legal order directing a witness to appear in court.
SUBPOENA DUCES TECUM
A command to a witness to appear and give testimony, and also to produce specified tangible materials at the same time.
SUMMONS
A document notifying a person that an action has commenced and requiring the person to appear in court.
SUPPRESS
To preclude from introduction as evidence in a particular criminal action; a motion to suppress evidence or a confession does not deny the existence of the evidence or confession, but asks the court not to allow them to be introduced in the case. The court can also suppress a case which makes it not available for public inspection
SURETY
A person who insures the appearance of a defendant in court with the knowledge that if the defendant fails to appear the surety will pay to the court the amount of the bail.
TEMPORARY RESTRAINING ORDER (TRO)
A court order issued for a specified period before a hearing, prohibiting a named party from committing a particular act or acts.
TESTIMONY
Oral statements by a witness under oath; as distinguished from evidence consisting of documents or tangible materials.
TICKET
Citation or summons issued to a violator of motor vehicle law.
TRANSCRIPT
The typewritten reduction of stenographic or electronic recordings made and certified by the court reporter.
TRIAL
The court proceeding at which the prosecution presents its evidence to a judge or jury in an attempt to prove that the defendant is guilty. The defendant also has a right to present evidence for the judge's consideration.
TRIAL DE NOVO
A new trial conducted as if no trial had ever occurred before, from a court on non-court to a court of record.
TRIAL TO COURT
A trial held before a judge sitting without jury.
TRIAL BY JURY
A trial held before a judge sitting with a jury to resolve factual issues.
Useful public service (UPS)
A form of sentence ordered by the court after a defendant has been found guilty or admits he is guilty. The defendant must do a specified number of hours of work that benefits the community. The defendant is not paid for this work. The work must be done by a deadline.
VENUE
Designates the particular county or city in which a court with jurisdiction may hear and determine the case.
VERDICT
The formal decision of finding made by the jury upon the matters or questions submitted to them.
VOIR DIRE
In selecting as jury, the interrogation of the prospective jurors to determine qualifications and fitness to sit on the jury.
WRIT
A formal written command issued by the court, requiring the performance of a specific person.
WRIT OF ATTACHMENT (RULE 402)
Is a prejudgment proceeding in which funds or property belonging to a defendant and are being held by a third party are seized "to secure the debt or claim of the creditor in the event that a judgment is rendered."