Legal Basics

Bench trial - A trial in which the judge decides which party prevails in an action

Bench warrant - A process issued by the court for the attachment or arrest of a person to compel his or her attendance before the court

Case number - A unique number which is assigned to one specific case. This number provides information regarding the county, court, judge, month/year filed, type of case and chronological number of that particular case type

Default judgment - Judgment rendered against a party from whom affirmative relief was sought because the party failed to file an answer or otherwise defend the action

Discovery - Information about a suit or charge from the other side that assists in preparing for trial

Dissolution Decree - An order issued by the judge dissolving a marriage.

Fee agreement - A written and enforceable contract made between the attorney and client concerning attorney fees for services and/or representation

Fee contingent/Contingency fee - A contractural arrangement in which an attorney agrees to represent the client with the compensation to be a percentage of the amount recovered for the client

Filing fee - A required fee (separate from the attorney fees) which is paid to the clerk in order to initiate a civil action

Flat rate - A set fee amount that the attorney agrees to provide services or representation to a client

Hourly fee - An amount that the attorney charges the client per hour for services or representation for each hour that the attorney works on your case

Indiana Parenting Time Guidelines - Guidelines are based on the premise that it is usually in a child's best interest to have frequent, meaningful and continuing contact with each parent. The purpose of these guidelines is to provide a model which may be adjusted depending upon the unique needs and circumstances of each family. These guidelines are based upon the developmental stages of children.
-- See http://www.in.gov/judiciary/rules/parenting/

Jury trial - A trial in which a jury (usually 6 or 12 people) decides which party prevails in an action

No-fault divorce - A divorce can be granted on a ground other than the marital fault of either side. Most common grounds are: irreconcilable differences, living separate and apart, etc.

Petition for Dissolution - A formal written request to the court to dissolve a marriage

Plea agreement - The process in which the accused (through his/her attorney) and the prosecutor work out a mutually satisfactory disposition of the case, subject to court approval- often the defendant agrees to plead guilty to a lesser included offence or to one of the counts in a multicount indictment in exchange for a lighter sentence

Statute of limitations - No suit, action, or criminal prosecution shall be maintained unless brought within a specified period of time

10-day rule - A local rule set by the court requiring that any motions for things such as continuances be filed a minimum of 10 days prior to the scheduled hearing



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