Ky. Cir. Ct. Clerks' Manual GLOSSARY OF TERMS

105 GLOSSARY OF TERMS

A child whose health or welfare is harmed or

Abuse and Neglect

threatened with harm when a parent, guardian, or

person in a position of trust inflicts or allows to be

inflicted upon the child physical or emotional injury,

fails or refuses to provide essential care and

protection for the child, or commits or allows to be

committed an act of sexual abuse, exploitation, or

prostitution upon the child.

A voluntary declaration of facts written down and

Affidavit

sworn to by the declarant before an officer authorized

to administer oaths.

A lien on goods, chattels, or animals for the

Agister’s Lien

reasonable charges for work or services performed or

feed provided is possessory and a person must have

possession of the article to assert such a statutory

lien.

A proceeding undertaken to have a decision

Appeal

reconsidered by a higher authority; esp., the

submission of a lower court's or agency's decision to a

higher court for review and possible reversal.

A method of dispute resolution involving one or more

Arbitration

neutral third parties who are usually agreed to by the

disputing parties and whose decision is binding.

The seizing of a person's property to secure a

Attachment

judgment or to be sold in satisfaction of a judgment.

The criminal offense of failing to appear in court after

Bail Jumping

having been released on bail.

A statutory procedure by which a (usually insolvent)

Bankruptcy

debtor obtains financial relief and undergoes a

judicially supervised reorganization or liquidation of

the debtor's assets for the benefit of creditors; a case

under the Bankruptcy Code.

GLOSSARY OF TERMS

A written promise to pay or do some act if

Bond

certain circumstances occur or a certain

time elapses.

Bail Bond: A bond given to a court by a

criminal defendant's surety to guarantee

that the defendant will duly appear in court

in the future and, if the defendant is jailed,

to obtain the defendant's release from

confinement. Also known as an

Appearance Bond.

Cash Bond: A bond in which the full

amount of the bond is deposited in your

office either by the defendant or surety.

RCr 4.00(b).

Partially Secured Bond: A bond which

requires a deposit of less than the full

amount of the bond. The exact percentage

depends on the judge's order, and may be

as little as 10% of the amount of the bond.

The designated percentage is paid to your

office by the defendant or surety at the

time of release of the defendant. In the

event of forfeiture for nonappearance, the

defendant or the surety is liable for the full

amount of the bond. RCr 4.00(b).

Property Bond: A bond in which the

defendant or surety pledges real property,

located in Kentucky, instead of cash to

guarantee the defendant’s appearance.

Replevin Bond: A bond given by a plaintiff

to replevy or attach property in the

defendant's possession before judgment is

rendered in a replevin action.

The bond protects the attaching officer and

ensures the property's safekeeping until

the court decides whether it should be

returned to the defendant.

Supersedeas Bond: A bond to stay

enforcement of judgment pending appeal.

RAP 63.

GLOSSARY OF TERMS

Surety Bond: A bond given by a surety to

ensure the timely performance of a

contract.

Unsecured Bond: A promise by the

defendant or surety to pay the designated

amount upon a failure to appear when

ordered by the court to do so or upon a

breach of a material condition of release,

not secured by any deposit of or lien upon

property. RCr 4.00(h).

A written statement setting out the legal

Brief

contentions of a party in litigation, esp. on

appeal; a document prepared by counsel as

the basis for arguing a case, consisting of

legal and factual arguments and the

authorities in support of them.

Court Appointed Special Advocate

CASA

The initial pleading that starts a civil action

Complaint

and states the basis for the court's

jurisdiction, the basis for the plaintiff's

claim, and the demand for relief.

The determination and declaration that

Condemnation Proceeding

certain property (esp. land) is assigned to

public use, subject to reasonable

compensation; the exercise of eminent

domain by a governmental entity.

A guardian, protector, or preserver.

Conservator

Conduct that defies the authority or dignity

Contempt

of a court or legislature.

Civil Contempt: The failure to obey a court

order that was issued for another party's

benefit.

Criminal Contempt: An act that obstructs

justice or attacks the integrity of the court.

A claim for relief asserted against an

Counterclaim

opposing party after an original claim has

been made; esp., a defendant's claim in

opposition to or as a setoff against the

plaintiff's claim.

A police-issued order to appear before a

Court Appearance Citation

judge on a given date to defend against a

stated charge. The defendant must appear

and cannot prepay any fine or fees.

GLOSSARY OF TERMS

One to whom a debt is owed; one who

Creditor

gives credit for money or goods.

A claim asserted between codefendants or

Cross Claim

co-plaintiffs in a case and that relates to

the subject of the original claim or

counterclaim.

A person or institution that has charge or

Custodian

custody (of a child, property, papers, or

other valuables).

Physical injury, serious physical injury,

Dating Violence and Abuse

stalking, sexual assault, or the infliction of

fear of imminent physical injury, serious

physical injury, sexual abuse, or assault

occurring between persons who are or

have been in a dating relationship.

One who owes an obligation to another,

Debtor

esp. an obligation to pay money.

A person sued in a civil proceeding or

Defendant

accused in a criminal proceeding.

A defendant charged with his or her first or

Deferred Prosecution

second offense under KRS 218A.1415 may

enter a deferred prosecution program for a

maximum of 2 years. Successful

completion results in charges being

dismissed and sealed.

A child, other than an abused or neglected

Dependency

child, who is under improper care, custody,

control or guardianship that is not due to

an intentional act of the parent, guardian,

or person exercising custodial control or

supervision of the child.

A witness's out-of-court testimony that is

Deposition

reduced to writing (usually by a court

reporter) for later use in court or for

discovery purposes.

Legal proceedings involving the inability of

Disability Proceeding

an individual to perform some function due

to an objectively measurable condition of

impairment, physical or mental.

Allows certain individuals to ask the court

Dispense with Administration

to direct transfer of estate assets without

the need for further court proceedings.

An officer appointed by the court to hear

Domestic Relations Commissioner

family and juvenile issues.

Domestic violence includes physical injury,

Domestic Violence

serious physical injury, stalking,

strangulation, sexual abuse, assault, or

GLOSSARY OF TERMS

fear, or thereof between family members

or members of an unmarried couple. KRS

403.715, 403.720.

A long term order issued by a judge to offer

Domestic Violence Order

protection from domestic violence.

Emergency order entered for the removal

Emergency Custody Order

of a child when is in imminent danger per

KRS 620.020.

A temporary protective order granted on

Emergency Protective Order

an expedited basis, usually after an ex

parte hearing (without notice to the other

side), most commonly to provide injunctive

relief from an abuser in a domestic-violence case; esp., a short-term restraining

order that is issued at the request of a law-enforcement officer in response to a

domestic-violence complaint from a victim

who is in immediate danger.

A court order directing a sheriff or other

Execution/Writ of Execution

officer to enforce a judgment, usually by

seizing and selling the judgment debtor's

property.

The removal of a charge or conviction (esp.

Expungement

for a first offense) from a person's criminal

record.

A serious crime usually punishable by

Felony

imprisonment for more than one year or by

death.

Any person, association, or corporation

Fiduciary

meeting the requirements of KRS 395.005

(other than assignee or trustee for an

insolvent debtor or a guardian under the

Uniform Veteran’s Guardianship Act)

appointed by, or under the control of, or

accountable to, the District Court, including

executors, administrators, administrators

with the will annexed, curators, guardians,

and conservators; and does not include

testamentary trustees.

A court order discharging an executor's

Final Settlement

duties after an estate's execution.

Forcible detainer is an action by the

Forcible Detainer

landlord who claims that the tenant refuses

to move.

Forcible entry is an action by the tenant

Forcible Entry

who claims that the landlord has entered

the premises unlawfully.

GLOSSARY OF TERMS

A decree, judgment, or order of a court in a

Foreign Judgment

state, country, or judicial system different

from that where the judgment or its effect

is at issue.

A protective order of a court in a state,

Foreign Protective Order

country, or judicial system different from

that where the judgment or its effect is at

issue.

Subpoena of a court in a state, country, or

Foreign Subpoena

judicial system different from that where

the judgment or its effect is at issue.

Garnishment is a special kind of execution

Garnishment

by which property of the judgment debtor

in the hands of a third party may be

reached, including (but not limited to)

wages in the hands of his/her employer.

A body of 12 people who are chosen to sit

Grand Jury

permanently for at least a month — and

sometimes a year — and who, in ex parte

proceedings, decide whether to issue

indictments.

Guaranteed Arrest Bond Certificate (RCr

Guaranteed Arrest Bond Certificate

4.18) is a printed card issued by the

American Automobile Association (or

similar organization) guaranteeing the

appearance of its members on most motor

vehicle violations. RCr 4.18(2).

One who has the legal authority and duty

Guardian

to care for another's person or property,

esp. because of the other's infancy,

incapacity, or disability.

A lawyer, appointed by the court to appear

Guardian Ad Litem

in a lawsuit on behalf of an incompetent or

minor party.

In the manner of an indigent who is

In Forma Pauperis

permitted to disregard filing fees and court

costs (when suing, a poor person is

generally entitled to proceed in forma

pauperis).

The formal written accusation of a crime,

Indictment

made by a grand jury and presented to a

court for prosecution against the accused

person.

The state or condition of a person who

Indigency

lacks the means of subsistence; extreme

hardship or neediness; poverty. For

purposes of the Sixth Amendment right to

GLOSSARY OF TERMS

appointed counsel, indigency refers to a

defendant's inability to afford an attorney.

Settlement accepted when each heir has

Informal Settlement

signed a notarized waiver stating he/she

has received his/her share of the estate

and waives requirements of a formal

accounting and settlement.

A formal criminal charge made by a

Information

prosecutor without a grand-jury

indictment.

Order issued for temporary or “ordinary”

Interpersonal Protective Order

interpersonal order of protection for dating

violence and abuse, stalking, or sexual

assault.

A detailed list of assets; esp., an executor's

Inventory

or administrator's detailed list of the

probate-estate assets (make an inventory

of the estate). The term also sometimes

denotes a divorcing spouse's detailed list of

all his or her marital and separate assets

and liabilities.

Involuntary admission proceedings include

Involuntary Admission

the admission of an individual with an

intellectual disability. KRS 202B.010.

Involuntary hospitalization proceedings

Involuntary Hospitalization

include the hospitalization of adults

diagnosed with a mental illness. KRS

202A.012. For mental health procedures

involving juveniles, follow procedures

outlined in the Juvenile Mental Health

section.

Involuntary treatment proceedings include

Involuntary Treatment

proceedings for 60/360 days of treatment

for an individual, including juveniles,

suffering from alcohol or other drug abuse.

KRS Chapter 222.

Time spent by a criminal defendant in

Jail Credit

confinement while awaiting trial. This time

is usually deducted from the defendant's

final sentence (if convicted).

A court's final determination of the rights

Judgment

and obligations of the parties in a case. The

term judgment includes an equitable

decree and any order from which an appeal

lies.

GLOSSARY OF TERMS

A group of persons selected according to

Jury

law and given the power to decide

questions of fact and return a verdict in the

case submitted to them.

A trust that is created and takes effect

Living Trust

during the settlor's lifetime.

A crime that is less serious than a felony

Misdemeanor

and is usually punishable by fine, penalty,

forfeiture, or confinement (usually for a

brief term) in a place other than prison

(such as a county jail).

A written or oral application requesting a court to

Motion

make a specified ruling or order.

A party's request that the court nullify process or

Motion to Quash

an act instituted by the other party, as in seeking

to nullify a subpoena.

A special kind of execution by which property of

Non Wage Garnishment

the judgment debtor in the hands of a third party

may be reached, excluding wages.

A person authorized by a state to administer

Notary Public

oaths, certify documents, attest to the

authenticity of signatures, and perform official

acts in commercial matters, such as protesting

negotiable instruments.

A notice of entry of judgment is written notice

Notice of Entry

that judgment has been entered. See Notice of

Entry.

[Latin “now for then”] Having retroactive legal

Nunc Pro Tunc

effect through a court's inherent power (the

court entered a nunc pro tunc order to correct a

clerical error in the record).

A solemn declaration, accompanied by a

Oath

swearing to God or a revered person or thing,

that one's statement is true or that one will be

bound to a promise.

A trust created by the settlor's spoken

Oral Trust

statements as opposed to a written agreement.

The state or condition of being a father, esp. a

Paternity

biological one; fatherhood.

Settlement filed with the court when the settling

Periodic Settlement

of the estate requires more than two years.

A formal written request presented to a court or

Petition

other official body.

GLOSSARY OF TERMS

A party who presents a petition to a court or

Petitioner

other official body, esp. when seeking relief on

appeal.

The party who brings a civil suit in a court of law.

Plaintiff

An accused person's formal response of “guilty,”

Plea

“not guilty,” or “no contest” to a criminal charge.

A formal document in which a party to a legal

Pleading

proceeding (esp. a civil lawsuit) sets forth or

responds to allegations, claims, denials, or

defenses.

A police-issued order to appear before a judge on

Pre-payable Citation

a given date to defend against a stated charge.

Defendant may prepay prior to the court date

any fine and/or fees.

The judicial procedure by which a testamentary

Probate

document is established to be a valid will; the

proving of a will to the satisfaction of the court.

The party against whom a motion or petition is

Respondent

filed.

Release on personal recognizance (known as ROR

ROR

or OR): the defendant's written promise to

appear. RCr 4.00(f), RCr 4.10.

The formal delivery of a writ, summons, or other

Service of Process

legal process after three attempts, service still

had not been accomplished.

A child accused of committing acts which, if

Status Offense

committed by an adult, would not be a crime.

Includes noncriminal forms of juvenile behavior,

such as running away from home, skipping class,

tobacco offenses or exhibiting beyond-control

behaviors at home or at school.

Stocks and Bonds as security is a bond in which

Stocks and Bonds

the defendant or surety deposits these securities

instead of cash to guarantee the defendant's

appearance. RCr 4.04(1)(d)(iv).

A settlement in which the defendant agrees to

Structured Settlement

pay periodic sums to the plaintiff for a specified

time.

A writ or order commanding a person to appear

Subpoena

before a court or other tribunal, subject to a

penalty for failing to comply.

A subpoena ordering the witness to appear in

Subpoena Duces Tecum

court and to bring specified documents, records,

or things.

GLOSSARY OF TERMS

A writ or process commencing the plaintiff's

Summons

action and requiring the defendant to appear and

answer.

A notice requiring a person to appear in court as

a juror or witness.

A person who is primarily liable for paying

Surety

another's debt or performing another's

obligation.

A temporary injunction issued before or during

Temporary Injunction

trial to prevent an irreparable injury from

occurring before the court has a chance to decide

the case.

A court order prohibiting family violence; esp., an

Temporary Restraining Order

order restricting a person from harassing,

threatening, and sometimes merely contacting or

approaching another specified person.

A trust that is created by a will and takes effect

Testamentary Trust

when the settlor (testator) dies.

A complaint filed by the defendant against a third

Third Party Complaint

party, alleging that the third party may be liable

for some or all of the damages that the plaintiff is

trying to recover from the defendant.

Calendaring system used to remind the court that

Tickler System

some action is needed or due the court.

The right, enforceable solely in equity, to the

Trust

beneficial enjoyment of property to which

another person holds the legal title; a property

interest held by one person (the trustee) at the

request of another (the settlor) for the benefit of

a third party (the beneficiary).

One who stands in a fiduciary or confidential

Trustee

relation to another; esp., one who, having legal

title to property, holds it in trust for the benefit

of another and owes a fiduciary duty to that

beneficiary.

The proper or a possible place for a lawsuit to

Venue

proceed, usually because the place has some

connection either with the events that gave rise

to the lawsuit or with the plaintiff or defendant.

An infraction or breach of the law; a

Violation

transgression.

An attorney appointed to provide constructive

Warning Order Attorney

service when a plaintiff or attorney files a

complaint/affidavit showing that the defendant

cannot be served with a summons. CR 4.06(1).

A warrant obtained by a landlord in a forcible

Warrant for Possession

detainer action that is posted on a tenant’s

GLOSSARY OF TERMS

property along with a date that the sheriff may

forcibly remove the tenant.

Latin for "you have the body."

Writ of Habeas Corpus

Habeas Corpus is a writ of inquiry designed to

affect the speedy release of a person illegally

deprived of his liberty. The writ is commonly used

when a person is seeking to be released on bail or

when a prisoner is challenging extradition or

detainer proceedings.

A writ of mandamus is an original action in circuit

Writ of Mandamus

court directing a district judge or other party to

perform an act.

A writ of possession is an attachment that

Writ of Possession

reaches specific personal property which is the

subject of the suit. KRS 425.011.

A writ of prohibition is an original action in circuit

Writ of Prohibition

court directing a district judge or other party not

to perform an act.

A child who is accused of committing a felony,

Youthful/Public Offender

misdemeanor, or violation which, if committed by

an adult, would be a crime.