civil procedure

allegation

An allegation is defined as a claim of fact not yet proven to be true. In a lawsuit, a party puts forth their allegations in a complaint, indictment or affirmative defense, and then uses evidence at trial to attempt to prove their truth....

allege

To allege means to claim or assert something as true; to make an allegation.

[Last updated in June of 2021 by the Wex Definitions Team]

Allen charge

Allen charges (also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict. Allen charges are controversial as some claim they overly...

alternative pleading

Alternative pleading is a form of pleading that allows a party to allege two or more claims which are inconsistent with each other. Alternative pleading is fundamental to the United States court system.

During a lawsuit...

alternative writ of mandate (mandamus)

Also called an alternative mandamus.

An alternative writ of mandate is a court order that 1) states the allegations of a complaint against a governmental agency, corporation, court, official, or other public authority and 2...

amend

To amend is to make a change by adding, subtracting, or substituting. For example, one can amend a statute, a contract, the United States Constitution, or a pleading filed in a lawsuit. Generally, procedures dictate the way in which one...

amended complaint

An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the...

amended pleading

An amended pleading is a revision of a pleading filed in an action. It is re-filed by the party who filed the original pleading and takes the place of the original pleading for all substantive purposes. After re-filing, any subsequent motion...

American Civil Liberties Union

The American Civil Liberties Union (ACLU) is an organization founded in 1920, with the mission of defending and preserving the individual rights and liberties guaranteed to all people in the U.S. Constitution. The ACLU currently has more than...

amicus curiae

Amicus Curiae literally translated from Latin is "friend of the court." Plural is "amici curiae."

Generally, it is referencing a person or group who is not a party to an action, but has a strong interest in the matter....

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