appellate procedure

decide

To decide is to determine an issue or issues; to reach a decision on a legal issue or issues.

[Last updated in July of 2021 by the Wex Definitions Team]

decision

In the legal context, a decision is a judicial determination of parties’ rights and obligations reached by a court based on facts and law. A decision can mean either the act of delivering a court’s order or the text of the court’s opinion...

declarant

A declarant is a person who makes a statement they allege to be true. Typically, such statements are written and signed. A declarant is sometimes referred to as an affiant if the declarant's statement takes the form of a sworn affidavit....

declaration

A declaration is an official statement, or proclamation, such as an affidavit. If the person making the declaration (called the declarant) lies in it, the declarant may be guilty of perjury.

[Last updated in September of 2022 by the...

declaration under penalty of perjury

Declaration under penalty of perjury is a statement of facts or testimony accompanied by the declaration that the person making the statement will be found guilty of perjury if the facts declared in the statement are shown to be untrue. A...

defective verdict

A defective verdict is a verdict flawed to such extent that a judgment cannot be based on it. There are several instances that might occur to render a verdict defective. For example, a verdict may be defective because of procedural...

defense

A defense is an act of protecting one’s own interests. In common law, a defendant may use defenses to prevent or limit liability. A defense can either allege a failure to state a claim, or affirm the existence of a claim and present...

deponent

A deponent is the individual whose deposition, or sworn, out-of-court testimony, is taken during the discovery process. The deponent can either be a party to the case, a witness who will later testify at trial, or anyone with knowledge of...

depose

Depose refers to the act of questioning a deponent under oath, either a witness or a party to a lawsuit, at a deposition. Deposing occurs during the pre-trial discovery process. Rule 30 and Rule 31 of the Federal Rules of Civil Procedure...

deposition

A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

Oral...

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