General Legal Process and Court Terms

A Answer Link

The formal written response a defendant files after being served with a complaint. The answer admits or denies each allegation and raises any affirmative defenses the defendant intends to use. In Michigan, a defendant typically has 21 days to file an answer after being served (MCR 2.108).

A Appeal Link

A request to a higher court to review a lower court's decision. In Michigan, most trial court decisions are appealed to the Michigan Court of Appeals. Decisions from the Court of Appeals can be further appealed to the Michigan Supreme Court, though that court has discretion over which cases it accepts. Filing deadlines are strict - missing them can permanently bar your right to appeal.

See also

• Michigan Court of Appeals
• Michigan Supreme Court
• Leave to Appeal

A Arbitration Link

A private dispute resolution process in which a neutral third party (the arbitrator) hears both sides and issues a decision. Arbitration can be binding (the parties must accept the outcome) or non-binding (either party can reject the result and proceed to court). Many auto insurance policies contain mandatory arbitration clauses for certain claims. Unlike a court trial, arbitration proceedings are not public record.

See also

• Mediation
• Settlement

B Burden of Proof Link

The obligation to present sufficient evidence to support a legal claim. In Michigan civil cases - including most personal injury and civil rights claims - the burden of proof is preponderance of the evidence, meaning it is more likely than not (greater than 50%) that the defendant's conduct caused the plaintiff's harm. This is a lower standard than the criminal standard of beyond a reasonable doubt.

See also

• Preponderance of the Evidence
• Clear and Convincing Evidence

C Caption Link

The formal heading on every legal document filed in court, identifying the names of the parties, the court, the case number, and the judge assigned to the case.

C Case Law Link

Judicial decisions from courts that interpret statutes and establish legal precedent. In Michigan, case law from the Michigan Supreme Court is binding on all lower courts. Case law from the Michigan Court of Appeals is generally binding on trial courts. Federal court decisions interpreting federal civil rights laws are also binding in Michigan federal courts.

C Civil Case Link

A legal dispute between private parties (or between a private party and a government entity) seeking compensation, injunctive relief, or other remedies. Civil cases are distinct from criminal cases, in which the government prosecutes an individual for violating criminal law. Personal injury, civil rights, wrongful death, and insurance disputes are all civil cases.

C Class Action Link

A lawsuit in which one or more plaintiffs represent a larger group of people who share common legal claims against the same defendant(s). Class actions are used when individual claims are too small to litigate separately but are significant in aggregate. In Michigan, class actions are governed by MCR 3.501.

C Clerk of Court Link

The administrative official responsible for maintaining court records, filing documents, issuing summonses, and managing the court's docket. In Michigan, each county circuit court has its own clerk's office.

C Complaint Link

The initial legal document that starts a lawsuit. The complaint identifies the parties, describes what happened, explains which laws were violated, and states what the plaintiff is seeking. In Michigan circuit court, the complaint is filed with the county clerk and a filing fee is paid. Filing a complaint formally begins the statute of limitations clock, provided the defendant is also properly served.

See also

• Service of Process
• Summons
• Answer

C Consent Judgment / Consent Decree Link

A court order that resolves a case based on an agreement between the parties. Although it is a judgment issued by the court, the terms are negotiated and agreed upon - it is not a court determination of guilt or wrongdoing. Consent decrees are commonly used to resolve civil rights cases involving systemic institutional misconduct.

C Contempt of Court Link

A finding that a party, attorney, or other person has disobeyed or disrespected a court order or the authority of the court. Contempt can be civil (coercive, meant to compel compliance) or criminal (punitive). A party who violates an injunction, fails to comply with a discovery order, or disobeys a subpoena can be held in contempt.

C Continuance Link

A postponement of a scheduled court hearing, trial, or deadline. Continuances require a showing of good cause and approval from the judge. Repeated continuances can delay justice for injured clients, which is why experienced attorneys manage case timelines proactively.

C Counterclaim Link

A claim filed by a defendant against the plaintiff within the same lawsuit. For example, a defendant in a car accident lawsuit might file a counterclaim alleging the plaintiff was actually at fault for the collision.

See also

• Cross-Claim
• Third-Party Complaint

C Cross-Claim Link

A claim filed by one defendant against another defendant (or one plaintiff against another plaintiff) within the same lawsuit. Cross-claims commonly arise when two defendants each blame the other for the plaintiff's injuries.

D Default Judgment Link

A court judgment entered against a party who fails to respond to a lawsuit or comply with court orders. In Michigan, if a defendant does not file an answer within the time allowed, the plaintiff can request a default, and then a default judgment, which may include the full amount of damages sought.

D Defendant Link

The party being sued in a civil lawsuit. A defendant can be an individual, a corporation, a government entity, or any other legal person. In a car accident case, the at-fault driver is typically the defendant. In a civil rights case, the defendant is often a police officer, municipality, or other government body.

Contrast with: Plaintiff

D Deposition Link

A formal, out-of-court statement given under oath by a party or witness in a lawsuit, with attorneys from both sides present. Depositions are transcribed by a court reporter and can be used at trial to challenge inconsistent testimony. Depositions are one of the most important tools in litigation - both for gathering information and for locking in a witness's account before trial.

See also

• Discovery
• Interrogatories

D Discovery Link

The pre-trial phase of litigation during which parties exchange information, documents, and evidence relevant to the case. Discovery tools include depositions, interrogatories, requests for production of documents, and requests for admissions. Discovery is where cases are often won or lost - uncovering key evidence about a defendant's knowledge, policies, or prior conduct can be decisive.

See also

• Deposition
• Interrogatories
• Request for Production
• Subpoena

D Docket Link

The official log of all actions and filings in a court case, maintained by the clerk of court. The docket includes the date and description of every document filed, hearing scheduled, and ruling issued.

E Expert Witness Link

A person with specialized knowledge, skill, training, or experience who is qualified to offer opinions in court on issues outside the average juror's understanding. In personal injury cases, expert witnesses may include accident reconstructionists, medical doctors, economists (for damages calculations), or engineers. Under MRE 702, expert testimony must be based on sufficient facts, reliable methods, and proper application of those methods to the facts of the case.

See also

• Lay Witness
• Daubert/Kumho Standard

G Garnishment Link

A legal process by which a judgment creditor collects money owed by intercepting payments owed to the judgment debtor by a third party - typically wages or bank accounts. In Michigan, there are limits on how much of a person's wages can be garnished, governed by the Consumer Protection Act and federal law.

I Injunction Link

A court order requiring a party to do something (mandatory injunction) or stop doing something (prohibitory injunction). Injunctions are used in civil rights cases to stop ongoing unconstitutional practices by government entities. Violating an injunction is contempt of court.

See also

• Temporary Restraining Order
• Preliminary Injunction

I Interrogatories Link

Written questions submitted by one party to another in a lawsuit, which must be answered in writing under oath within a specified time period. In Michigan circuit court, a party may serve no more than 20 interrogatories (including subparts) without court permission (MCR 2.309). Interrogatory answers become part of the record and can be used to challenge a party's later trial testimony.

See also

• Discovery
• Deposition

J Judgment Link

The final decision by a court resolving the parties' rights in a lawsuit. A judgment may award money damages, grant injunctive relief, dismiss the case, or take other action. Once a judgment is entered and the time for appeal has passed, it becomes final and enforceable.

See also

• Default Judgment
• Consent Judgment

J Jurisdiction Link

The legal authority of a court to hear a particular type of case or to exercise authority over a particular party or geographic area. Michigan circuit courts have general jurisdiction over most civil cases. Federal district courts in Michigan have jurisdiction over federal civil rights claims under 42 U.S.C. § 1983 and over cases between citizens of different states involving more than $75,000.

See also

• Venue
• Subject Matter Jurisdiction
• Personal Jurisdiction

L Lay Witness Link

An ordinary witness who testifies about facts they personally observed. Unlike expert witnesses, lay witnesses are generally not permitted to give opinions - only factual accounts of what they saw, heard, or experienced.

L Leave to Appeal Link

Permission from an appellate court to appeal a lower court decision when an appeal is not automatic. In Michigan, many interlocutory orders (decisions made during a case before final judgment) require leave from the Michigan Court of Appeals before they can be appealed.

L Lien Link

A legal claim against money that may be owed to a plaintiff, typically by a health insurer, hospital, or government agency seeking reimbursement for expenses paid on the plaintiff's behalf. Resolving liens is a critical part of finalizing settlements - unresolved liens can come back to claim your settlement money years later.

See also

• Subrogation

M Mediation Link

A voluntary, confidential dispute resolution process in which a neutral mediator helps the parties negotiate a settlement. Mediation is not binding - either party can walk away. In Michigan, many circuit court judges order mandatory mediation before trial. A skilled attorney can use mediation to secure a fair resolution without the time and uncertainty of trial.

See also

• Arbitration
• Settlement

M Motion Link

A formal request made to the court, asking the judge to rule on a specific legal issue. Common motions include motions to dismiss, motions for summary judgment, motions to exclude evidence, and motions to compel discovery.

M Motion for Summary Judgment Link

A motion asking the court to rule in one party's favor without a full trial, on the grounds that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. Under MCR 2.116, summary judgment is appropriate when the non-moving party cannot produce evidence sufficient to support their claim. Defense attorneys often file these motions to try to end cases before they reach a jury.

M Motion to Dismiss Link

A motion asking the court to throw out all or part of a case, typically early in litigation, on the grounds that the complaint fails to state a legally valid claim. Under MCR 2.116(C)(8), dismissal is appropriate if the opposing party failed to state a claim on which relief can be granted.

N Notice of Intent (NOI) Link

In Michigan medical malpractice cases, a written notice that must be served on each defendant at least 182 days before filing suit. The NOI must include the facts of the case, the applicable standard of care, and how it was breached. Failure to properly serve an NOI is grounds for dismissal under MCL 600.2912b.

P Personal Jurisdiction Link

A court's authority over the parties in a lawsuit. Michigan courts have personal jurisdiction over Michigan residents and over out-of-state defendants who conducted business, caused injury, or otherwise had sufficient contacts with Michigan.

P Plaintiff Link

The party who files a lawsuit seeking relief from the court. In a personal injury case, the injured person is the plaintiff. In a civil rights case, the person whose rights were violated is the plaintiff.

Contrast with: Defendant

P Pleadings Link

The formal documents filed at the start of a lawsuit that set out each party's claims and defenses. The primary pleadings are the complaint (filed by the plaintiff) and the answer (filed by the defendant).

P Preliminary Injunction Link

A court order issued early in a lawsuit that temporarily prohibits or requires certain conduct until the case is fully resolved. A preliminary injunction is stronger than a temporary restraining order (TRO) and requires the moving party to show a likelihood of success on the merits, irreparable harm without the order, that the balance of harms favors the order, and that the public interest supports it.

P Preponderance of the Evidence Link

The standard of proof in most Michigan civil cases. A party meets this standard when the evidence shows that their version of events is more likely true than not - essentially, more than 50% probable. This is a lower standard than "clear and convincing evidence" and far lower than the criminal standard of "beyond a reasonable doubt."

See also

• Burden of Proof
• Clear and Convincing Evidence

P Punitive Damages Link

Damages awarded to punish a defendant for particularly egregious, reckless, or malicious conduct, and to deter similar behavior. Michigan law generally does not allow punitive damages in state court civil cases; the state uses "exemplary damages" instead, which serve a similar purpose in appropriate cases. However, punitive damages are available in federal civil rights cases under 42 U.S.C. § 1983 when a defendant acts with reckless disregard for a plaintiff's constitutional rights.

See also

• Exemplary Damages
• Damages

R Request for Admissions Link

Written statements sent by one party to another requesting that the recipient admit or deny specific facts or legal conclusions. Facts admitted in response to requests for admissions are treated as established for the purpose of the lawsuit, removing them from dispute and narrowing the issues for trial.

See also

• Discovery

R Request for Production Link

A discovery tool requiring the opposing party to produce specified documents, electronically stored information, or tangible items. In personal injury and civil rights cases, requests for production commonly seek medical records, police reports, surveillance footage, personnel files, and prior complaint records.

See also

• Discovery
• Subpoena

R Retainer Agreement Link

A contract between a client and an attorney setting out the terms of representation. Most Michigan personal injury attorneys work on contingency fee agreements, meaning they are paid a percentage of the recovery only if the case is successful. There is no upfront cost to the client.

S Service of Process Link

The formal delivery of legal documents (typically a summons and complaint) to the defendant, notifying them of the lawsuit and their obligation to respond. In Michigan, service may be made by personal delivery, certified mail, or, in some circumstances, by publication. A case cannot move forward until the defendant has been properly served.

See also

• Summons

S Settlement Link

An agreement between the parties to resolve a lawsuit without a trial. Settlements are voluntary and typically involve the defendant paying an agreed sum in exchange for the plaintiff releasing their claims. Most personal injury cases settle before trial. A settlement that is too low, reached before the full extent of injuries is known, can leave a client permanently undercompensated.

S Standing Link

The legal right to bring a lawsuit. To have standing, a party must have suffered a concrete, actual injury, the injury must be traceable to the defendant's conduct, and a court ruling must be capable of redressing the injury. Standing is frequently challenged by defense attorneys in civil rights cases.

S Statute of Limitations Link

The deadline by which a lawsuit must be filed. If you miss the statute of limitations, you permanently lose your right to sue, regardless of how strong your case is. Key Michigan deadlines include:

Michigan Statutes of Limitation

Claim Type	Statute of Limitations	Relevant Law
Personal injury (general)	3 years from date of injury	MCL 600.5805(2)
Michigan No-Fault PIP claim	Written notice generally within 1 year unless PIP benefits were already paid; lawsuit timing and one-year-back rules also apply	MCL 500.3145
Wrongful death	3 years from date of death	MCL 600.5805(2)
Medical malpractice	2 years from discovery (max 6 years)	MCL 600.5805(6)
Civil rights (§ 1983)	3 years (Michigan’s personal injury SOL)	Wilson v. Garcia
Government tort claims	Deadlines vary: highway-defect notice is generally 120 days, and Court of Claims timing differs for state claims	MCL 691.1404 / MCL 600.6431
Minor plaintiffs	Tolled until age 18 (with exceptions)	MCL 600.5851

See also

• Tolling
• Discovery Rule

S Subpoena Link

A court order compelling a person to appear for a deposition, hearing, or trial, or to produce documents and records. A subpoena duces tecum requires the production of specific documents. Failure to comply with a subpoena is punishable by contempt of court.

S Subrogation Link

The right of an insurer or other entity that has paid a claimant's expenses to "step into the shoes" of the claimant and seek reimbursement from the at-fault party. For example, if your health insurer paid $30,000 in medical bills after a car accident caused by another driver, your health insurer may have a subrogation right to recover that $30,000 from the at-fault driver's insurer. Subrogation liens must be resolved at settlement.

See also

• Lien

S Summary Judgment Link

See: Motion for Summary Judgment

S Summons Link

A formal legal document issued by the court clerk and served on the defendant, notifying them that a lawsuit has been filed and that they must respond within a specific time period or face a default judgment.

T Temporary Restraining Order (TRO) Link

An emergency court order issued without notice to the opposing party (ex parte) when immediate, irreparable harm is threatened. A TRO is short-term - typically no more than 14 days - and must be followed by a hearing on whether to convert it to a preliminary injunction.

T Third-Party Complaint Link

A complaint filed by a defendant against a new party (the third-party defendant) who is not already in the lawsuit, alleging that the third party is liable for all or part of the plaintiff's claims.

T Tolling Link

The pausing or suspension of the statute of limitations clock. In Michigan, the statute of limitations may be tolled when the plaintiff is a minor (MCL 600.5851), when the defendant fraudulently conceals the claim (MCL 600.5855), or when the plaintiff is legally incapacitated.

See also

• Statute of Limitations
• Discovery Rule

T Trial Link

The formal proceeding in which both parties present evidence and argument before a judge or jury. In Michigan civil cases, either party has the right to demand a jury trial. Most personal injury cases settle before trial, but when a case cannot settle fairly, having an attorney who is genuinely willing and prepared to try the case is the single biggest driver of settlement value.

V Venue Link

The specific geographic location where a lawsuit is filed and heard. In Michigan, venue is typically proper in the county where the incident occurred or where the defendant resides. Venue can sometimes be transferred on motion by either party.

V Verdict Link

The formal decision by a jury (or, in a bench trial, by the judge) on the issues submitted to them. In Michigan civil cases, a jury verdict requires agreement of at least 5 out of 6 jurors (MCR 2.514).

W Writ of Execution Link

A court order directing law enforcement (the county sheriff) to seize a judgment debtor's property to satisfy an unpaid judgment.

This glossary is provided for general informational purposes only and does not constitute legal advice. Reading this glossary does not create an attorney-client relationship. Laws change and Michigan statutes may be amended after the date this glossary was last updated. Always consult a licensed Michigan attorney for legal advice specific to your situation.