Georgia Business Litigation & Law - Part I: Pleadings & Related Litigation Terms
Georgia Business Litigation: Definitions of Common Terms associated with Business Law and Litigation:
Affirmative Defenses: The defendants defenses to the allegations in the complaint included in the defendant’s Answer filed with the court.
Answer: A document used to respond to the complaint or petition. Answers usually admit or deny specific allegations or claims in the document being answered. Also called a response.
Appeal: A procedure to ask a higher court to review the ruling of a lower court.
Cause of Action: Failure to perform a legal obligation to do, or refrain from doing, some act that gives rise to liability for which a plaintiff seeks a legal remedy. Also called a claim.
Complaint: The document filed by the plaintiff that initiates a lawsuit. The complaint provides information regarding what harm the plaintiff is alleging and what relief the plaintiff is seeking.
Counterclaim: The claim asserted by the defendant against the plaintiff after the plaintiff files the initial lawsuit, or complaint, against the defendant. The counterclaim is asserted in the same lawsuit and is often filed with the defendant’s answer to the complaint.
Cross-Claim: In a lawsuit where there are multiple defendants, a claim or cause of action filed by one defendant against another defendant.
Decree: The court's written order or decision.
Defendant: The person against whom legal papers are filed, also sometimes referred to as the respondent.
Discovery: The information-exchanging process of a legal proceeding, including serving and answering interrogatories and requests for production of documents, and taking depositions.
Interrogatories: Written questions served by a party that must be answered, in writing, by the other party as part of the discovery process.
Motion: The formal written document asking the court for a particular ruling on a specific issue. The party filing a Motion with the court is the petitioner. Once a Motion is filed by the petitioner, the other party, known as the respondent, may file a Response. Often the Petitioner may then file a Reply.
Order: A ruling issued by the court.
Plaintiff: The person who initiates legal proceedings.
Pleadings: Refers to the written documents filed by the parties to a lawsuit with the court.
Request for Admissions: Written statements served by a party that must be admitted or denied in writing, within a specified period of time, by the other party. This is part of the discovery process.
Request for Production of Documents: Written request asking the opposing party to produce certain documents. This is part of the discovery process.
Third-Party Defendant: A new party the defendant adds to a lawsuit against which the defendant has a cause of action.
