What does it mean?
Terminology
Different terminology is used in the court of appeals than in the district court. This page provides an overview of legal terms and concepts. Also review the appeal checklist.
Project KEI
An automation project of the courts. Starting in 2018, all cases would be litigated digitally. The difference between subpoena and petition cases would narrow and the terminology would begin to change. The project has since been discontinued so the terminology will not change in appeal cases.
Subpoena
A procedural document issued by a bailiff to file a lawsuit or an appeal. Other documents delivered by the bailiff are called exploit. This could be, for example, a summons to testify, or an announcement of a court judgment.
Petition
Certain cases do not begin with a subpoena, but with a petition. That procedural document is not issued by the bailiff, but filed with the court by a lawyer. An example is a divorce petition or a dismissal petition to the subdistrict court.
Judgment
The name of the court’s decision, which you can appeal. The party appealing will seek to have this judgment set aside. The word judgment is used only for court proceedings that began with a subpoena.
Decision
The name of the court ruling, if the proceedings in the court were started with a petition. For example, family law cases and dismissal decisions from the subdistrict court. There is one exception: proceedings in bankruptcy law begin with a petition and end with a judgment.
Enforceable by stock
The court may declare a judgment or order to be provisionally enforceable. Then the ruling must be obeyed if the loser appeals. The appeal then has no suspensive effect, but the judgment can of course be declared invalid afterwards; in that case the consequences must still be undone.
Roll call
This word means the same as appeal.
Appellate period or appeal period
The time you have to appeal. This can vary quite a bit depending on the type of case. For some cases, the deadline is very short: 8 days. In other cases, you have 2, 4 or 6 weeks. In yet other cases, you have plenty of time: three months. Checking the deadline is usually the first thing a lawyer does when you ask a lawyer to file an appeal.
Roll call
This means that some court decisions are not subject to appeal. That’s what the law says then.
Appellant
The designation of the party filing an appeal. The party who started the case in court is called the plaintiff in the first instance. The defendant in the court is called the defendant in the first instance. The party who loses in the district court and appeals is the appellant. Thus, this can be either the plaintiff or the defendant of the court case, depending on the outcome of the case in the court.
Intimated
The name of the party defending against the appeal filed. Thus, the respondent has been vindicated by the court and he will rely on the court’s judgment or order in his defense. This gives one advantage.
Incidental appellant
An interested party has almost always been largely or wholly vindicated by the court. After all, he himself did not file an appeal. But he may still want to challenge part of the court’s decision because he was not completely vindicated. Then, in addition to being the respondent, he is also an incidental appellant. In an incidental appeal, the other party (the incidental respondent) is allowed another written response to the objections raised by the incidental appellant. Thus, another pleading may be filed by the appellant: he has not yet been able to defend himself in the incidental appeal.
Clerk’s fee
The amount to be paid to the court to hear the case. The party that is proven wrong must reimburse this amount to the other party.
Grievance
An objection to a consideration in the court’s decision. Multiple grievances are often raised. The trial court will usually review the grievances one by one. Sometimes a grievance stands out so the court starts with that grievance first. Sometimes all grievances are discussed jointly by the court. If a grievance “succeeds” or “hits the mark,” the trial court will reach a different decision than the trial court, so that’s good news for the appellant.
Ground
Another word for grievance in an appeal of a petition proceeding.
Incidental grievance
An objection to a consideration in the judgment of the court raised by the defendant in the appeal. This grievance must also be examined by the court.
Memorandum of grievances
The appellant’s pleadings, which contain his objections to the judgment. In a writ of summons proceeding, the statement of grievances is a separate procedural document from the summons with which the appeal was filed. In an appeal in a petition proceeding, the grievances or grounds are contained in the notice of appeal.
Memorandum of reply
The Respondent’s pleadings, in which he defends himself against the grievances and in which he argues that the court’s judgment should remain valid. If the respondent lodges an appeal, it is referred to as a response also containing an appeal or as a response also containing a statement of objections in an appeal.
Notice of appeal, petition for appeal, or appellate brief
The name of the record by which the appellant appeals from an order of the court. If the court has not issued an order but a judgment then an appeal must be filed with a subpoena. Then the objections are later raised in the memorandum of grievances. But in an appeal of an order, everything happens at once.
Appellate brief is the name of a procedural document in the appeal of a criminal case, which contains the objections to the court’s judgment.
Rush Appeal or Turbo Appeal
On an appeal from an interlocutory order, the appellant may combine the memorandum of appeal with the summons on appeal. In addition, he can ask the court for emergency treatment. The respondent is then given less time to respond and judgment is rendered more quickly. Not every appeal from an interlocutory appeal proceeds as an emergency appeal.
Act
After the pleadings, the parties can take a deed. That’s a procedural document with a brief response, an assertion, an offer of proof, or another piece of evidence is submitted with it. A deed is not always taken, then a ruling or plea is immediately requested. In a petition proceeding, no deeds are usually taken. However, productions (attachments) may be submitted.
Plea
Once all pleadings have been filed, litigants may ask the court to render a decision, or they may request oral argument. The oral argument is a hearing in the court building where the lawyers speak and the judges can ask questions. In complicated cases, written pleadings are also sometimes used. A hearing is always held on appeal in petition proceedings. Pleadings must be requested on appeal in subpoena proceedings. Thus, it may be that an appeal hearing in a subpoena proceeding is conducted entirely in writing.
Role(session)
The role is the name of the administrative system of the courts and tribunals. A roll call hearing is a written hearing, so you do not have to go to court for this. Filing of documents will be handled by the attorney. A party may take a procedural action at a roll call hearing, such as filing a pleading, or ask for an adjournment. After each roll call hearing, the judge determines what the rules of procedure say is the next step in the process. If all the procedural steps have been taken then the court determines the date of the judgment. This can be postponed a few more times if the ruling is not yet ready.
Judgment
The name of the court’s ruling. In court, this is called a judgment. A judgment of the trial court in a petition proceeding is called an order.
Interim Judgment
Court of Appeals ruling, which still ends the dispute. For example, because an evidence assignment is made.
Counsel
The name of a court judge.
Litigation costs
In general, the rule is that the loser must reimburse the other party’s litigation costs. This is usually an allowance that does not cover all costs. In certain cases, the court often finds that the litigation costs should be borne by the parties themselves, such as in family cases. It is also possible that neither side is really right. Even then, the parties must pay their own litigation costs.
