Superior Court >Civil Department >Glossary Of Common Terms

Glossary of Common Terms
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Wage Assignment (family law) A court order to attach a person's pay check for payment of child support, spousal maintenance or arrearages of child support or spousal maintenance. Waived Fees Court fees that are not required to be paid because of the financial condition or situation of the party. Ward A person for whom a guardian has been appointed. Warrant An order to law enforcement to take a person into custody. Warrant for Immediate Production (Formerly known as a Writ of Habeas Corpus in family court) An action of one party attempting to retrieve a child from another party. Oftentimes, a party without proper authority to have a child will remove the child from the proper jurisdiction and bring the child to Arizona. The party with authority to have custody will follow and attempt to retrieve the child by filing their orders with the Clerk of the Court (domesticating a foreign judgment) and approaching the judicial officer with a request to have the child returned. Will Includes codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of a person or class to succeed to property of the decedent passing by intestate succession. With Prejudice Charges dismissed "with" prejudice cannot be re-filed against a defendant. See "Dismissal with Prejudice". Without Prejudice Charges dismissed "without" prejudice can be re-filed against a defendant. See "Dismissal without Prejudice". Witness One who testifies under oath at a trial or hearing about what he/she has seen, heard, knows or has an opinion about. Writ A formal order of the court ordering a person to do or not to do something. Writ of Certiorari A writ by which an appellant seeks the review of a case by the Supreme Court of the United States. When the writ is granted, the court orders the lower court to send up the record of the case for review. Writ of Habeas Corpus An independent proceeding instituted to determine whether a defendant is being deprived unlawfully of his/her liberty; a procedure triggered by a defendant who attempts to show that his/her imprisonment is unlawful. Writ of Execution A writ to put in force the judgment or decree of the court. Writ of Garnishment (civil law) A court order to a lending institution or employer to attach a person's bank accounts or pay check for monies to repay a debt. Writ of Replevin A court order authorizing an officer to seize and hold the property involved in a suit of replevin. Writ of Restitution When the court orders a defendant to vacate the premises, the court also will order a writ of restitution issue on a specified date. This order is entered in the event the tenant refuses to move. In this event, the Clerk of the Court is authorized to issue a writ of restitution to the sheriff commanding him/her to forcibly remove the tenant and restore possession of the property to the plaintiff. return to top
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