Civil Claims Glossary
Civil litigation and small claims court use terms that carry specific legal meaning. This glossary explains what you need to know when filing or defending a civil case in Pennsylvania.
Answer
The defendant's formal written response to a complaint. In Pennsylvania civil cases, the answer must be filed within 20 days of service (30 days in some circumstances). The answer admits or denies each allegation in the complaint and may raise affirmative defenses. Failure to file an answer can result in a default judgment.
Burden of Proof
The obligation to prove your claims in court. In civil cases, the standard is "preponderance of the evidence" — meaning more likely than not (sometimes described as 51%). This is a lower standard than criminal cases, which require proof "beyond a reasonable doubt."
Certificate of Service
A document attached to every court filing certifying that you sent a copy to all other parties in the case. Required on virtually every filing you make. Failure to include a certificate of service can result in the filing being rejected or stricken.
Complaint
The document that starts a civil lawsuit. It identifies the parties, states the facts, sets out the legal claims, and asks for specific relief (damages, injunction, etc.). In Pennsylvania, a civil complaint must comply with Pa.R.C.P. 1019–1024 and be filed with the appropriate Court of Common Pleas.
Continuance
A postponement of a court hearing, conference, or trial to a later date. Must be requested by written motion and granted by the judge. Courts disfavor continuances, especially repeated ones. In Allegheny County, local rules require the motion to state the reason, any prior continuances, and whether the opposing party consents.
Counterclaim
A claim filed by the defendant against the plaintiff within the same lawsuit. If someone sues you and you have your own claim against them, you file a counterclaim rather than a separate lawsuit. Compulsory counterclaims (arising from the same transaction) must be filed or they are waived.
Damages
The money a court awards to compensate for harm. Compensatory damages cover actual losses (medical bills, lost wages, property damage). Punitive damages punish particularly egregious conduct. In Pennsylvania, most civil cases seek compensatory damages; punitive damages require proof of outrageous or reckless behavior.
Default Judgment
A judgment entered against a party who fails to respond to a lawsuit or appear in court within the required timeframe. In Pennsylvania, you can file a praecipe for default judgment after the defendant fails to file an answer within 20 days. The defendant can petition to "open" (reverse) the default within 30 days if they show a reasonable excuse and a meritorious defense.
Deposition
Sworn out-of-court testimony given by a witness or party, recorded by a court reporter. Depositions are a key discovery tool — they let you question the opposing party or witnesses under oath before trial. The transcript can be used at trial to impeach or as evidence if the witness is unavailable.
Discovery
The pre-trial process where both sides exchange evidence and information. Discovery tools include interrogatories (written questions), requests for production of documents, depositions, and requests for admissions. Pennsylvania's discovery rules are found in Pa.R.C.P. 4001–4025. Discovery abuse can result in sanctions.
Filing Fee
The amount charged by the court to file a lawsuit, motion, or appeal. In Allegheny County, civil complaint filing fees vary by the amount in controversy. If you cannot afford the fee, you may file a petition to proceed In Forma Pauperis (IFP) to request a waiver.
In Forma Pauperis (IFP)
A court filing that allows you to waive or reduce court fees if you cannot afford them. You must file a petition and a financial affidavit demonstrating your inability to pay. If granted, the court waives filing fees and some service costs. Available in both state and federal court.
Interrogatories
Formal written questions sent to the opposing party that must be answered under oath within 30 days. Limited to 40 questions (including sub-parts) in Pennsylvania without court permission. A critical discovery tool for gathering facts before trial.
Judgment
The court's official decision in a case. A judgment can award damages, order specific performance, dismiss the case, or provide other relief. Once entered, a judgment is enforceable — the winning party can garnish wages, attach assets, or place liens on property to collect.
Jurisdiction
A court's legal authority to hear a case. Subject-matter jurisdiction refers to the type of case (small claims vs. civil vs. criminal). Personal jurisdiction means the court has authority over the specific parties. In Pennsylvania, the Court of Common Pleas has broad subject-matter jurisdiction; Magisterial District Courts handle claims up to $12,000.
Lien
A legal claim on someone's property as security for a debt. In civil cases, a judgment lien can be placed on the defendant's real property by entering the judgment in the county's judgment index. The lien gives the creditor priority when the property is sold or refinanced.
Mediation
A voluntary dispute resolution process where a neutral third party (mediator) helps the parties negotiate a settlement. Mediation is not binding unless the parties reach an agreement. Many Allegheny County judges require or strongly encourage mediation before trial. It is faster, cheaper, and less adversarial than a trial.
Motion
A formal written request asking the court to take a specific action — dismiss the case, compel discovery, exclude evidence, continue a hearing, etc. Most motions require a brief supporting the legal argument and must be served on the opposing party. The court may rule on the papers or schedule oral argument.
Motion to Compel
A request asking the court to order the opposing party to comply with discovery requests they are ignoring or refusing to answer. Filed after a good-faith attempt to resolve the dispute without court intervention. If granted, the non-complying party may also be ordered to pay the moving party's attorney fees.
Plaintiff
The person or entity who files the lawsuit — the party bringing the claims. The plaintiff has the burden of proving their case by a preponderance of the evidence. In a counterclaim, the original defendant becomes the "counterclaimant" (essentially a plaintiff on their own claims).
Praecipe
A formal written request to the court clerk or Prothonotary to take a specific action — enter a default judgment, issue a writ of execution, schedule a hearing, or enter a discontinuance. In Pennsylvania practice, many routine court actions are initiated by praecipe rather than by motion.
Preliminary Objections
Pennsylvania's version of a motion to dismiss. Filed within 20 days of receiving the complaint to challenge legal sufficiency, improper venue, lack of jurisdiction, or other procedural defects. If sustained, the court may dismiss the case or require the plaintiff to re-plead. If overruled, the defendant must file an answer.
Prothonotary
The elected official in each Pennsylvania county who manages civil court records. The Prothonotary's office is where you file complaints, motions, praecipes, and other documents in civil cases. In Allegheny County, the Prothonotary's office is in the City-County Building.
Service of Process
The formal delivery of legal documents (complaint, subpoena, motion) to the other party. Proper service is required before the court has jurisdiction over the defendant. Pennsylvania allows service by sheriff, certified mail, or authorized process server, depending on the type of case and document.
Small Claims (MDJ)
Civil cases involving $12,000 or less, heard by a Magisterial District Judge. Small claims proceedings are less formal than Court of Common Pleas — no formal pleadings, relaxed evidence rules, and no pre-trial discovery. Either party can appeal within 30 days for a de novo hearing at the Court of Common Pleas.
Statute of Limitations
The legal deadline for filing a lawsuit. In Pennsylvania: 2 years for personal injury and wrongful death, 4 years for breach of contract, 6 years for fraud, 2 years for property damage. Missing the deadline permanently bars your claim — the court will dismiss it regardless of the merits.
Stipulation
A formal agreement between the parties on a particular matter — facts, procedures, deadlines, or settlement terms. Stipulations are often filed with the court and, once approved, have the force of a court order. They save time and narrow the issues for trial.
Subpoena
A court order requiring a person to appear as a witness at a deposition or trial (subpoena ad testificandum) or to produce documents (subpoena duces tecum). Failure to comply with a subpoena can result in contempt of court. In Pennsylvania, subpoenas are issued by the Prothonotary or an attorney of record.
Summary Judgment
A court ruling that decides a case (or part of it) without a full trial because there is no genuine dispute about the material facts. Either side can file a motion for summary judgment. The court views all evidence in the light most favorable to the non-moving party. If the undisputed facts entitle one side to judgment as a matter of law, the case is decided.
Venue
The specific court location where a case should be filed. Generally where the defendant lives, does business, or where the events giving rise to the claim occurred. Filing in the wrong venue can result in the case being transferred or dismissed. Pennsylvania's venue rules are in Pa.R.C.P. 1006.
Disclaimer: This glossary provides general legal information about Pennsylvania law and is not legal advice. Reading this page does not create an attorney-client relationship with Rob Cowburn, Esq. or Represent Yourself, LLC. Every legal situation is unique. If you have specific legal questions about your circumstances, contact an attorney for advice.
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