Glossary of Legal Terms

Appeal

The process where a trial court’s decision is presented to the Court of Appeals by a party argument the trial court made an error of law or an error of fact in the decision.

Burden/ Burden of Proof

The requirement of a party to prove a particular argument.

Contempt

An intentional disregard of a court order which can result in monetary damages and/or incarceration.

Deposition

A discovery device where a lawyer asks oral questions of the other party or a witness. A record is made of the questions and answers given.

Discovery

Procedures that can be used by one party to obtain facts and information about the case from the other party to assist the party’s preparation for trial.

Form 14

The Missouri chart for calculation of presumed child support.

Garnishment

A proceeding whereby a person’s property or money in possession of third parties is subject to seizure.

Guardian Ad Litem

An attorney appointed by the court to represent children in a family law proceeding. Appointment is mandatory when there are allegations of child abuse or child neglect and discretionary in other case.

Interrogatories

Questions to a party where answers are in writing and under oath.

Jurisdiction

The ability of the court to exercise power over parties.

Mediation

The process where parties attempt to resolve issues assisted by a mediator.

Discovery

Procedures that can be used by one party to obtain facts and information about the case from the other party to assist the party’s preparation for trial.

Parenting Plan

A document containing the terms of the parent’s terms regrading custody, parenting schedules, holidays and financial considerations for children’s issues.

Parties

Anyone who has filed a lawsuit or has a lawsuit filed against them.

Pleadings

Documents filed with the court which reflect the formal allegations of the parties and their respective claims and defenses.

Preponderance of the Evidence

Evidence which is more convincing than evidence offered in opposition. Used in most civil cases.

Pro se

A person appearing in court without a lawyer representing them.

Qualified Domestic Relations Order (QDRO)

A document prepared after a divorce to divide a retirement benefit owned by one of the parties.

Request for Admissions

A discovery process for limiting the factual items in dispute.

Request for Production

Procedures that can be used by one party to obtain documents and things about the case from the other party in order to assist the party’s preparation for trial.

Sanctions

Penalties imposed by the court for failure to perform certain tasks.

Special Master

An attorney appointed by the court to conduct a hearing to determine temporary orders relating to financial matters.

Request for Admissions

A discovery process for limiting the factual items in dispute.

Trial Court

The court charged with hearing evidence and making decisions, usually a Circuit or Associate Circuit Court.

1402A

The Jackson County court form that captures the property and values owned by the spouses in a divorce.

1402B

The Jackson County court form that captures the current income and expense of a party in a family law case.

K. Martin Kuny is a proud member of the American Academy of Matrimonial Lawyers.