Introductory Terms to Know for Your Case (Part Two)
After reflecting on some of our FAQs and exploring new ways to assist our clients, we put together a list of 4 common terms used when discussing cases, as well as their definitions. In doing so, we hoped to improve our clients’ experiences even more, by easing them into the common terminology. After continued interest, we want to introduce potential clients to additional common terms used in our field. Contact us if you have questions about these terms or if you are ready to discuss your case with us.
Prayer for Relief:
This is a legal term of art, meaning simply what result is being requested by a party to a case. While this may seem like a term that invokes religion, and very well could have been inspired by religion at the time of the term’s creation, this is an older legal term of art that is still used. Typically, the Prayer for Relief (sometimes also referred to as just the “prayer”) will be found at or near the end of an initial pleading like a Petition, Statement of Claim, or Complaint. For example, based on jurisdiction, you can see a header in a complaint that says “Prayer for relief,” requesting compensatory damages of $100,000.
Joint Praecipe:
This is a legal term of art where Petitioner/Plaintiff and Respondent/Complaint are requesting the judge to do something. This is commonly seen with HLBS Law to use for scheduling orders for conferences, discovery, and more. In a Joint Praecipe, the parties can also agree to waive certain hearings to save time and money. In addition, a Joint Praecipe can be an agreement to request a proposed order from the judge. Jurisdictions have different names for a Joint Praecipe; most jurisdictions have abandoned this older legal term of art for more modern terms like a consent order, pre-trial orders, etc.
Pleadings:
Pleadings are a general term that sets out claims, allegations, and arguments in documents that are filed to begin a lawsuit. At HLBS Law, our clients will encounter Pleadings as the initiating documents of a lawsuit. This could be a Statement of Claim, Petition, or a Complaint. The important thing to remember is that not everything needs to be included in the initiating documents of a lawsuit. There are strategic reasons for not including everything up front. Responses to a Statement of Claim, Petition, or Complaint are also considered pleadings. Responses are required responses that generally require a denial or admission of the allegations. HLBS Law does not want our clients to read too deeply into the pleadings as they are just general outlines of allegations or denials of the allegations. The real heart of the lawsuit is the actual evidence that is obtained during the lawsuit that can prove or disprove Pleadings.
Extensions:
Extensions are a common practice in the legal field. Extensions are a general courtesy given to a Respondent that extends the time to respond to a deadline. At HLBS Law, we sometimes see clients have a kneejerk reaction to giving an extension, but just like pleadings, giving an extension is done for strategic reasons. Most lawyers do this because everyone will need an extension for whatever reason; sometimes things happen where a lawyer will need extension and that can happen to your case where we need the courtesy. The other reason is extending deadlines can sometimes give the other side more time to review their position and consider an offer of settlement. While extensions can sometimes be frustrating for a client, most extensions are short in nature and are always in the best interest of our clients.
If you have any questions about these terms or other terms used in our field, please reach out to us so we can help out. If there are additional terms that our readers may have questions about, then we will share another article soon.
Contact us:
Phone: (720) 900-5480
Email: legal@hlbslaw.com