CURATOR – A person appointed by a court to administer the estate of a protected person. APPEAL TO VARY – A complaint filed to vary an existing order or judgment due to a change in circumstances. For example, change complaints are often used in family relationship cases to review custody arrangements as children grow and their needs change. CONTEMPT OF COURT – An act or omission that violates a court order, interferes with the operation of the court, or does not respect the authority of the court. Contempt of court can be civil or criminal and can result in fines and/or imprisonment. Civil penalties for contempt are generally intended to induce someone to obey the instructions of the court. Criminal sanctions for non-compliance are generally intended to punish past misconduct. CAPIAS – Latin for “you take”. A warrant of arrest issued by the judge when a defendant in a civil case or a witness in a civil or criminal case who has received a summons to appear does not appear in court when necessary. CHILD SUPPORT ENFORCEMENT DIVISION (CSE) – A Ministry of Revenue (DOR) that provides services to custodial and non-custodial parents, including the collection of child support.
CSE lawyers appear in court to establish paternity and to establish, enforce and vary child support orders. CSE lawyers represent the ORD, not a parent. B) Full Insolvency Case Number – The full number is inserted by the Registry into the electronic file, insolvency notice and electronic filing notification (“NEF”) that CM/ECF users receive when a document is submitted on the electronic waybill. A complete bankruptcy file number includes the division of the court where the case was filed, the year it was filed, the type of case, five additional digits, and the initials of the judge assigned to the case. An example of a full number is: 2:11-BK-12345-SK, indicating that the case was filed in the Los Angeles division in 2011, is a bankruptcy case (not an opposing case), is numbered 12345 in that year`s order, and is assigned to the Honourable Sandra R. Klein. CONTINUATION WITHOUT CONCLUSION (CWOF) – If a judge in a criminal case concludes that there is sufficient evidence to support a guilty verdict, he or she may pursue the case for a period of time without reaching a guilty verdict. The indictment is dismissed at the end of this period without conviction if the accused meets the conditions imposed.
Often referred to as “CWOF” (pronounced “quaff”). COURT OFFICER – Judicial officers and auxiliary officers of the court are responsible for order and security in the courthouse. In collaboration with the judge, court officials ensure order in the courtroom. They also operate the barrier and escort people in custody through the building. Court officials also deal with jurors, register people when they arrive for jury duty, explain their obligations to them, escort groups of jurors around the courthouse and respond to their needs. Assistant court officers occupy the entrances to each courthouse, use metal detectors and assist the public in entering the courthouse. In other jurisdictions, bailiffs are often referred to as “bailiffs”. CHILD SUPPORT – In the case of family relationships, payments made by one parent, usually the non-custodial parent, to the other parent or custodial guardian to meet a child`s financial needs, including medical, dental, educational and child care expenses. The amount is determined by agreement or order of the court in accordance with the guidelines issued by the trial court for child support.
See CHILD SUPPORT POLICY. COURT SERVICE CENTRES – Court service centres provide information and support (but not legal advice) to self-represented litigants, lawyers and members of the public. They improve access to justice and the efficiency of judicial activities, including by helping self-represented parties understand and prepare for the judicial process. COMMIT – The act of sending a person to a prison, prison, psychiatric hospital or other facility under a court order. CHAIN OF CUSTODY – Documentation of the custody of real evidence, such as drugs or weapons. The party offering an item as evidence in court must prove where the item was from the time it was seized until it is presented as evidence in court (e.g. who transported the item from the place where it was found to the evidence record, who entered it in the locker, who took it out of the locker and when, and who brought it into the courtroom). This ensures that the evidence has not been altered. CHILD SUPPORT GUIDELINES – Official guidelines issued by the Chief Justice of the trial court, including a mathematical formula used by the court to determine an appropriate amount of child support. The income of the non-custodial parent and the non-custodial parent are taken into account.
CARI – “Information on Judicial Files”. A computerized database maintained by the Office of the Commissioner of Probation which contains a register of all criminal cases and certain civil cases involving a particular person. An ACIR report lists the involvement of a particular individual as a party in all Commonwealth courts. See CORI, CJIS, WMS. CERTIFICATE OF SERVICE – A statement signed by a party making an application or making a pleading attesting that all parties to the matter have been duly informed that the application or pleading has been filed and that a copy of the application or pleading has been served on them. CROSS-CLAIM, COUNTERCLAIM – In civil proceedings involving multiple plaintiffs or defendants, an action brought by a plaintiff against another plaintiff or by a defendant against another defendant. LEGAL GROUND – The legal issues underlying a case that allow a court to hear it. ACTIONS, BUSINESS OR CIVIL ACTIONS – Generally non-criminal matters involving the claim of a private person or company (e.g., a corporation) against another private person or entity, or the state, to protect a private civil right or to enforce a civil remedy, such as the payment of monetary damages. Examples of civil cases include personal injury cases, consumer protection cases, forced evictions, and abuse prevention orders.
COMMON LAW – A legal system that originated in England and has evolved from its beginnings to the present day, consisting of ancient and accepted customs, precedents and court decisions, old English laws and other unwritten but accepted norms. Common law is the basis of the legal system in all states of the United States except Louisiana. In Massachusetts, the common law is still in effect unless it has been amended or repealed by law. CLERK OF THE COURTS – The clerk of the Supreme Court department is an elected position, similar to the position of clerk of the court. The court clerk is an officer of the court with limited judicial powers and also heads the office of the registrar, which accepts pleadings, applications, examinations for discovery, etc., for submission, issues the trial, and maintains and retains court records. The clerk of the court serves not only as clerk for the superior court department in a county, but also as clerk of the Supreme Judicial Court if he serves in that county, and in counties where county government still exists, as well as clerk of county commissioners. In Suffolk, two law clerks are elected, one for civil cases and one for criminal matters. There is also an elected clerk of the Supreme Court of Suffolk County. (The Registrar of the Supreme Court is not elected, but appointed by the judges of the SJC for a five-year term.) CROSS-APPEAL – In an appeal, the appellant asks the tribunal to review aspects of the lower court`s decision that were not raised by the appellant in order to rescind and rescind those aspects while upholding the remainder of the decision. CHANGE OF NAME – An application to change a person`s name is heard by probate court and family court.
Court approval is not required to change the name, as long as the change is made for an honest purpose and without fraudulent intent. For example, people often change their names without court intervention when they get married. However, sometimes people want or need an official document confirming that they have changed their name. CONTINUATION – Postponement of proceedings pending before the courts. Registrar MAISTRATE – A registrar is an officer of the court who accepts documents such as pleadings, applications, examinations for discovery, etc. for filing; problem process; and maintains court records. A magistrate is a civil servant with limited judicial powers. In Massachusetts, a person can serve both clerks, as in the District Court, Boston City Court, Housing Court, and Trial Court departments. Magistrates are appointed by the governor. A) Small number of bankruptcy cases – A debtor, trustees and other parties should use a short code when submitting subsequent documents such as amended forms, requests, responses, opposing procedures, proof of claim, etc. The short number contains only the division, the year in which the bankruptcy or adversarial proceedings were initiated, the five-digit number of the bankruptcy or adversarial proceedings and the two letters of the judge assigned to the case.
If the court prepares orders after a judge has made a decision, the short code is on the first page of the decision. An example of a short code is 2:12-98751-VZ – This means that the bankruptcy case was filed in the Los Angeles division in 2012 and assigned to the Honourable Vincent Zurmolo.