Affidavit - A sworn statement made in front of a notary or other official outside of court that certain facts are true.
Alias - Typically, in reference to an “alias summons.” It is another summons issued by the court because the original summons could not be served on the defendant in time.
Allocation of Parental Responsibilities - what Colorado calls custody. The Court will enter orders about parenting time, decision-making, and child support.
Amend - To change something in a court form.
Authenticated Copy - Means certified, when used in reference to copies of official documents, and only certification by the official having custody is required.
Apostille - A certificate used to authenticate documents for use in foreign countries. In Colorado, the Secretary of State’s Office handles requests for apostille.
Currently no terms are available.
Caption - The heading or title on legal paperwork usually including the name of the court and the court's address, the names of the people involved in the case, the case number, and the attorney for whomever is filing the paperwork.
Certificate of Service - A signed statement that tells the court when, where, and to whom a document was sent. Typically, they are at the very end of many Court forms.
Child and Family Investigator (CFI) - The CFI’s role is to investigate, report and make recommendations to the court, as directed in the order of appointment, regarding the best interests of the children. Learn more about CFIs on our web page.
Child's Legal Representative (CLR) - A CLR is an attorney appointed to represent the best interests of children and youth in domestic relations proceedings that involve allocation of parental rights and responsibilities. Go to Colorado Child's Representative website to learn more.
Clerk and Recorder - The Clerk and Recorder issues and records marriage licenses, records all real estate transactions, issues liquor licenses, registers voters, manages all primary, general and county elections, and sometimes city and school district elections. The Clerk and Recorder also operates the Motor Vehicle Divisions in the State of Colorado for titling vehicles and issuing license plates. There is a Clerk and Recorder in each county in Colorado.
Codicil - An amendment to a will.
Complaint - The document that starts a court case. See also “petition.”
Conservator - A person at least 21 years of age, resident or non-resident, who has been appointed to manage the financial affairs of another person.
Contempt - Disobedience of a Court order.
Conviction - A judge or jury’s finding after trial that the accused defendant is guilty of the crime, or a judge’s acceptance of a defendant’s plea of guilty. Conviction does not include infractions that constitute civil matters.
Co-Petitioner - A party joining the Petitioner on a court case.
County Court - The type of authority or “jurisdiction” a court has to hear a case. For example: small claims, residential evictions, misdemeanor criminal cases, and money cases under $25,000 are typically heard in County Court.
Decedent - The person who passed away.
Decision-Making - The types of decisions a parent is court-ordered to make on behalf of the child.
Defendant - The person charged in a court of law.
Default - Failure to do something required. For example, failure to respond to a lawsuit or attend a hearing.
Devisee - A person or entity designated in a Will to receive real or personal property.
Discovery - The pre-trial process where opposing parties exchange information and evidence to learn about the other party’s case.
Dissolution of Marriage or Civil Union - what Colorado calls divorce.
District Court - The type of authority or “jurisdiction” a court has to hear a case. District Courts hear many different types of cases including: divorce, custody, felony criminal, juvenile, probate, mental health, and money cases over $25,000. District court decisions may be appealed to the Colorado Court of Appeals (in some cases directly to the Colorado Supreme Court).
Eligible Non-Conviction - A criminal case that did not result in a conviction and was eligible to be sealed by the court automatically.
Emancipation - The legal process by which an individual is granted the rights and responsibilities of an adult before reaching the age of 18. Note – there is no emancipation statute in Colorado.
Estate - All of the property (real or personal) owned by a person on the date of death that may be subject to a probate case.
Eviction - Also known as an “FED” or “Forcible Entry and Detainer.” An Eviction is the legal process a landlord must use to remove a tenant from a property.
Executor - See “Personal Representative.”
Exemplified Copy - A copy of a court document that has a court seal or certification from the out-of-state court verifying the authenticity of the document(s).
Exhibit - A document, photograph, object, etc. formally introduced as evidence during a court case.
Expungement - A specific term used to describe the process of sealing juvenile delinquency (i.e. criminal) records.
Federal Court - A U.S. court that handles certain cases regarding federal law violations, disputes between states, and constitutional matters.
File - To deposit with the clerk of the court a written complaint or petition which is the opening step in a lawsuit and subsequent documents, including an answer, motions, petitions, orders etc.
Foreign Decree - A final order issued by a court outside of Colorado.
Formal (PR) - Opening an estate after prior notice to Interested Persons.
Garnishee - The person or entity (often a bank or employer) that receives a court order garnishing wages or funds it owes to a debtor.
Garnishment - A court-ordered procedure for taking money or property from someone to satisfy a debt. For example, a debtor's wages might be garnished to pay child support, back taxes, or a lawsuit judgment.
Guardian - A person at least 21 years of age, resident or non-resident, who is appointed by the Court to make decisions about the wellbeing of another person (minor or adult).
Guardian Ad Litem (GAL) - A GAL is an attorney appointed by a judge or magistrate to investigate and represent the best interests (health, safety, and well-being) of children and youth. Learn more about Guardian Ad Litem at The Colorado Child's Rep Website.
Currently no terms are available.
Informal (PR) - Opening an estate without prior notice to Interested Persons.
Interested Person(s) (PR) - Person(s) identified by Colorado Law who must be given notice of a court proceeding
Interrogatories - A set of written questions sent by one party in a lawsuit to the other party.
Interstate Compact - A coordination of states to transfer the supervision of offenders across state boundaries.
Intervenor - 3rd party requesting to intervene into an existing case.
Intestate - Estate in which the Decedent did not leave a will.
Initial Status Conference (ISC) - An ISC is a meeting to discuss the progress of a family/juvenile case with a Family Court Facilitator (FCF), a Magistrate, or a Judge.
Judge - An official appointed by the Colorado Governor who is authorized to decide questions of fact and law in their District.
Judgment - A court’s final determination of the rights and obligations of the parties in a case. The term includes a decree and any order that can be appealed.
Judgment Creditor - The person(s), company or group who should receive a specific amount of money according to the Court’s order. Also known as a “garnishor,” "obligee", "obligor", or simply “creditor.”
Judgment Debtor - The person(s), company or group who owes a specific amount of money according to the Court’s order.
Jurisdiction - A court’s power to decide a case or issue a decree.
Currently no terms are available.
Legal Separation - allows two individuals to stay legally married, but the Court can separate finances, order child support, and make custody plans.
Lien - A claim that a person has upon the property of another as security for a debt owed.
Magistrate - A judicial officer who is authorized by statute or the Colorado Rules for Magistrates to hear certain types of cases. Magistrates are not appointed by the Governor, but hired by an individual Judicial District.
Magistrate Review - The process to have a Magistrate’s order in a family/juvenile case reviewed by a District Court Judge.
Mediation - A process where a neutral third party – a mediator – helps people in a dispute talk through their issues and find their own solutions.
Minor - An unemancipated person who is under the age of 18
Minor in Possession - A type of case where a person under 21 years of age was charged with the crime of having or using alcohol or marijuana.
Modification - To change something about a court order.
Motion - A written request to the court asking for a ruling or order. Also, petition.
Municipal Court - A local court that handles cases regarding city or town ordinance violations.
Notary Public - A person authorized by the state in which the person resides to certify documents. The signature and seal or stamp of a notary public is necessary to attest to the oath of truth of a person making an affidavit and to attest that a person has acknowledged that he/she executed a deed, power of attorney or other document, and is required for recording in public records.
Notice - Notification or communication of a fact, claim, demand, or proceeding, often in writing. The requirements of when, how, and what notice must be given to a person are often in a statute, rule, or contract.
Objection - A protest by the other party about the legal propriety of a question which has been asked of a witness by the opposing attorney/party, with the purpose of making the trial judge decide if the question can be asked.
Obligee - A person owed something by another person. See also “judgment creditor.”
Obligor - A person who owes something to another person. See also Judgement Debtor.
Office of Dispute Resolution - A mediation program that provides services for the Colorado Judicial Branch. Visit our web page for more information.
On File / Filed - Refers to the court that has record of a case, or the acceptance of a document into a case record.
Order - A mandate, command, or direction given by the court, usually in writing.
Order Sealing - The document the court issues that requires the case not be accessible to the public.
Parental Responsibilities Evaluator (PRE) - Parental Responsibility Evaluators are appointed to perform an evaluation and file a written report concerning disputed issues pertaining to the allocation of parental responsibilities for a child or children. You can find PREs by clicking here.
Parentage - A type of court case to determine if someone is a child’s legal parent.
Parenting Time - The amount of time each parent is court-ordered to have with the child.
Personal Representative - A person at least 21, resident or non-resident of Colorado, who has been appointed to administer the estate of the Decedent; previously referred to as Executor/Executrix.
Personal Service - Personal Service Delivering a summons, complaint, or other legal document which must be served by handing it directly to the person named in the document.
Petition - A written request to the court asking for a ruling or order. Also, motion.
Petitioner - A person who is completing and filing a written Petition (application) with the Court.
Plaintiff - Plaintiff The person who starts a lawsuit. This person may also be known as "claimant", "petitioner", or "applicant".
Probation - Probation is a sentencing option imposed by the Court instead of a sentence to the Colorado Department of Corrections (adults) or commitment to the Division of Youth Corrections (juveniles).
Probate - the legal process by which the property of the person who has died is distributed. A Colorado court will appoint a person (a “personal representative”) to administer the probate estate. Probate can be done with or without a will.
Protected Party - The person asking the Court for a protection/restraining order.
Qualified Domestic Relations Order - Also known as a “QDRO.” A court order used to divide retirement assets in a divorce case.
Real Property - Land and all the things that are attached to it, like a garage or barn. Anything that is not real property is personal property. Personal property is anything that isn't nailed down, dug into, or built onto the land. A house is real property, but a dining room set is not.
Registered Agent - A person or business that receives official legal and other government documents on behalf of a business. Note – the registered agent may not be the same as the owner of the business.
Replevin - A specific type of civil lawsuit for the return of personal property. If the value of the property is less than $25,000, the case is heard in County Court. If the value of the property is greater than $25,000, the case is heard in District Court.
Reply - A document filed with the Court to respond to a response. Party A files a motion, then party B files a response, then Party A files a reply. Generally, a reply must be filed within 7 days of the date listed on the response’s certificate of service.
Respondent - Opposite of the “Petitioner.” The party on the “other side” of a court case.
Response - A document filed with the Court to respond to a motion filed by the other party. Party A files a motion, then Party B files a response. Generally, a response must be filed within 21 days of the date listed on the motion’s certificate of service.
Restrained Party - The person ordered by the Court to stop specific behavior by a protection/restraining order.
Return of Service - Written proof under oath by a process server saying that they delivered legal documents (such as a summons and complaint). "Return of Service" is also referred to as "Proof of Service".
Sealed / Sealing - The status of a case that makes it not accessible to the public.
Serve - To give court paperwork that starts a court case or is part of a court case to the person that is being sued or the other person in the case. This is done by a person who isn't involved in the case or a sheriff or private process server. The person starting the case cannot deliver the paperwork.
Stipulation - An agreement between opposing parties in a lawsuit. If accepted by the Court and signed by a Judicial Officer, the stipulation becomes a binding Court order.
Subpoena - A legal, written order to compel (make) an individual give testimony.
Summons - A legal order to appear (or file an answer) in Court.
Testate - Estate in which the Decedent left a will.
Testimony - Spoken or written evidence given by a witness.
Transcript of Judgment - A one-page document from the Court that gives the name of the Judgment Debtor (person or company who owes money), Judgment Creditor (the person or company who is owed money) and the date and amount of the judgment.
Trust - a type of estate planning tool that allows a person to transfer their assets into a legal structure. There are many different types of trusts that can be created for different situations.
Currently no terms are available.
Venue - The location where a case is heard. Often, venue is a specific county within a state.
Verification Signature - Signature that does not need to be notarized.
Verified Support Judgment - An order for non-payment of child support or spousal support (also called maintenance or alimony).
Ward - A Minor for whom a Guardian has been appointed.
Witness - A person who provides information in the form of “testimony” during a court hearing.
Writ - A written Court order that commands a person or entity to do or not do a specific thing.
Currently no terms are available.
 Colorado Judicial Branch
        Colorado Judicial Branch