Superior Court >Civil Department >Glossary Of Common Terms

Glossary of Common Terms
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Sanction A penalty or punishment provided as a means of enforcing obedience to a law. Search Warrant An order, in writing, issued by a justice or other magistrate in the name of the State, directed to a sheriff, constable or other officer, commanding him/her to search a specified house, shop or other premises. Secure Care Confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. Secured Appearance Bond A bond secured by a specific amount of money to ensure a defendant's presence at required court proceedings. Security May be cash, a paper bond, through a bondsman or any property of value deposited with the clerk to secure an appearance bond. The value of such property shall be determined by the Clerk of the Court. (probate law) Any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under that title or lease; collateral trust certificate; transferable share or voting trust certificate and, in general, any interest or instrument commonly known as a security or certificate of interest or participation or temporary or interim certificate, receipt or certificate of deposit for or any warrant or right to subscribe to or purchase any of these securities. Sentence The judgment by the court and imposition of a penalty upon a defendant after a determination of guilt by plea or verdict. Seperate Property Property that a spouse acquired before the marriage, or during the marriage through a gift or an inheritance. Separate property belongs entirely to that one spouse. Serious Emotional Injury An injury that is diagnosed by a medical doctor or a psychologist that includes one or a combination of the following: seriously impairs mental faculties; causes serious anxiety, depression, withdrawal or social dysfunctional behavior to the extent that the child suffers dysfunction that requires treatment; is the result of sexual abuse, sexual conduct with a minor, sexual assault, molestation of a child, child prostitution, commercial sexual exploitation of a minor, sexual exploitation of a minor or incest. Serious Physical Injury An injury that is diagnosed by a medical doctor and that does any one or a combination of the following: creates a reasonable risk of death; causes serious or permanent disfigurement; causes significant physical pain; causes serious impairment of health; causes the loss or protracted impairment of an organ or limb; is the result of sexual abuse, sexual conduct with a minor, sexual assault, molestation, child prostitution, commercial sexual exploitation of a minor, sexual exploitation of a minor or incest. Service/Service of Process The legally required method of delivering notice or documents; the delivery of a summons, subpoena, writ or other legal document to the opposing party in a lawsuit. The most common method of service is personal service by a private process server or the sheriff. Process servers are listed in the yellow pages. Other methods of service are available. Set Aside (expungement) To annul or vacate a judgment or order. Settlement (probate law) As it relates to a decedent's estate, includes the full process of administration, distribution and closing. (civil law) No agreement or consent between parties or attorneys in any matter is binding if disputed, unless made in writing or orally in open court or entered in the minutes. See Rule 80(d), Arizona Rules of Civil Procedure. (family law) Agreements between parties shall be binding if they are in writing or made or confirmed on the record before a judge, commissioner, judge pro tempore, court reporter or other person authorized by local rule or administrative order to accept such agreements. See Rule 69, Arizona Rules of Family Law Procedure. Sexually Violent Person An inmate serving a sentence in prison for a sexual crime and determined by a medical professional to be a "potentially violent person" under A.R.S. ยง 13-4603. Shelter Care The temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community. Simplified Modification A procedure in which a person paying or receiving child support attempts to show that, because of a change in circumstances, the current child support order should be modified. Special Action A special review of lower court decisions that is available only when an appeal would not be an adequate remedy. Special Administrator A person appointed informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated. In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice. The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative or is subject to termination as provided in the statutes. Special Master A person appointed by the court to help parents resolve disputes about what is best for a child. Spousal Maintenance (Commonly referred to as Alimony) Court ordered monies paid from one spouse to the other. State A state, district, territory, possession or commonwealth of the United States. Stay A temporary stop or delay in a judicial proceeding. Stipulation An agreement or joint motion between the parties in a lawsuit or legal action. Strike To delete or cancel. Strike List Used when a case is on the arbitration calendar. A document mailed to parties allowing them to strike or delete the names of those persons whom they do not want to be appointed as arbitrator. Subpoena An order to a witness to appear and give testimony in court or at a deposition; an order to appear in court. Subpoena Duces Tecum An order to a witness to produce documents. Subrogation The substitution of one person for another as a credit. Subsequent Employer Any employer, other than the first employer of an obligor upon whom an order of assignment (wage assignment) has been served. A subsequent employer must honor the order of assignment as the first employer did. Successor Personal Representative A personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. Successors Persons, other than creditors, that are entitled to property of a decedent under a will or this title. Summons Written notification served on a person warning that person to answer or appear in court within a specified period of time; a document ordering a party to appear in court by way of a filed answer. Superior Court (General Jurisdiction) A general jurisdiction court; has the authority to hear all legal actions not exclusively assigned to another court. Supersedeas Bond A bond that a court requires from an appellant who wants to delay payment of a judgment until the appeal is over. Supervening Indictment An indictment issued when a defendant has had an initial appearance, and the case has been set for a preliminary hearing in justice court, but meanwhile the State has indicted the defendant by grand jury proceedings. All justice court proceedings are therefore vacated. Supervised Administration A proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. A supervised personal representative has the same duties and powers as a personal representative who is not supervised. Supervised Parenting Time Parenting time by a parent with that parent's child while another adult, usually a person other than the custodial parent, is present. Supervised Release The release of a defendant on his/her own recognizance, subject to the supervision, restrictions and conditions of the Pretrial Services Agency. Support Order Any order entered by the court for the payment of support. Support may include payment for medical, dental and other health care; child care and education expenses as well as spousal maintenance. Suppress To forbid the use of evidence at a trial because it is improper or was improperly obtained. Supreme Court The highest court in the State of Arizona; the Court of Last Resort; hears cases appealed to the supreme court from lower courts and death penalty cases from superior court. Surety One, other than the person released, who executes an appearance bond and binds himself/herself to pay its amount if the person released fails to comply with its condition. Survive A person has neither predeceased an event, including the death of another person, nor is deemed to have predeceased an event. return to top
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