Transfer of something (and title to it) in return for money on terms which are agreed upon between buyer and seller. The price paid may be based on a posted cost, established by negotiation between seller and buyer, or by auction with potential buyers bidding until the highest bid is accepted by the seller or his agent (auctioneer).


A) Payment to a person or group which saves cargo from a shipwreck. B) To save goods.




Full payment or performance of what is due.

Satisfaction of judgment

A document which is signed by a judgment creditor stating that the full amount due on the judgment has been paid. The judgment creditor (the party who paid the judgment) is entitled to demand that the judgment creditor (the party to whom the money judgment is owed) sign the satisfaction of judgment, file it with the court clerk, acknowledge it before a notary public, and record the document with the Recorder of Deeds if there is an abstract of judgment (a document showing the amount of the judgment which is a lien on any real property belonging to the defendant) on record.

Satisfaction of mortgage

A document which is signed by a lender acknowledging that a mortgage has been fully paid. It must be recorded with the Recorder of Deeds to clear the title to the real property owned by the person who paid off the debt.

Save harmless

A) To agree to guarantee that any debt, lawsuit or claim which may arise as a result of a contract or contract performance will be paid or taken care of by the party making the guarantee. B ) It is also called hold harmless, to indemnify (protect) another from harm or cost.

Savings and loan

A banking and lending institution, which is chartered by the government. Savings and loans only make loans secured by real property from deposits, upon which they pay interest slightly higher than that paid by most banks.


In Latin, it is used for "having knowledge." In criminal law, it refers to knowledge by a defendant that his/her acts were illegal or his/her statements were lies and thus fraudulent.


In Latin, it is used for "spark." Scintilla is commonly used in reference to evidence, in the context that there must be a "scintilla of evidence" upon which to base a judgment.

Scope of employment

Actions of an employee which further the business of the employer and are not personal business, which becomes the test as to whether an employer is liable for damages due to such actions under the doctrine of respondent superior (make the master answer).


A person who writes a document for another, usually for a fee is called scrivener. If a lawyer merely writes out the terms of a lease or contract exactly as requested by the client, without giving legal advice, then the lawyer is just a scrivener and is probably not responsible for legal errors (unless they were so obvious as to warrant comment). A non-lawyer may act as a scrivener without getting in trouble for practicing law without a license.


A device which is used to create an impression upon paper or melted wax, used by government agencies, corporations and notaries public to show that the document is validly executed, acknowledged or witnessed, since the seal is unique to the sealer. Corporate seals state the name, date and Place of incorporation. Notaries increasingly use a rubber stamp instead of a seal since their print is easier to microfilm for official recording than is a faint embossed impression. Contracts used to be "sealed," but that is rare today.

Sealed verdict

The decision of a jury when there is a delay in announcing the result, such as waiting for the judge, the parties and the attorneys to come back to Court. The verdict is kept in a sealed envelope until handed to the judge when Court reconvenes.

Sealing of records



A) To trace the records of ownership of real property in what is commonly called a "title search." B) To examine another's premises (including a vehicle) to look for evidence of criminal activity. It is unconstitutional to conduct a search without a "search warrant" issued by a judge or without facts which give the officer "probable cause" to believe evidence of a specific crime is on the premises and there is not enough time to obtain a search warrant.

Search and seizure


Search warrant


Second degree murder


Secondary boycott

An organized refusal to purchase the products of, do business with or perform services for a company which is doing business with another company where the employees are on strike or in a labor dispute.

Secret rebate

A return of money by a business to a "preferred" customer, not offered to the public or by a subcontractor to a contractor not shown on a job estimate. Both are illegal as unfair business practices and may result in criminal penalties or refusal of a court to enforce a contract (written or oral) in which there is such a secret rebate.

Secured transaction




Security deposit

A payment which is required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear." The security deposit must be returned within a short time after the tenant vacates, less the cost of repairing any unusual damage. Unfortunately for tenants, these damages are usually subject to the judgment of the landlord, who may desire to paint and refinish on the tenant's money, which results in many small claims suits.

Security interest

Generic term which is used for the property rights of a lender or creditor whose right to collect a debt is secured by property.


The crime of advocacy of insurrection against the government or support for an enemy of the nation during time of war, by speeches, publications and organization is called sedition. Sedition usually involves actually conspiring to disrupt the legal operation of the government and is beyond expression of an opinion or protesting government policy. Sedition is a lesser crime than "treason," which requires actual betrayal of the government, or "espionage." Espionage involves spying on the government, trading military secrets to another country (even a friendly nation), or sabotaging governmental facilities, equipment or suppliers of the government, like an aircraft factory.


The use of attraction, salesmanship, promises, gifts and flattery to induce another person to have sexual intercourse outside marriage, without any use of force or intimidation. However, just as adultery lingers in the criminal codes so does seduction.


(sees-in) An old term which is used for having both possession and title of real property. The word is found in some old deeds, meaning ownership in fee simple.


(seised) A) Having taken possession of evidence for use in a criminal prosecution. B) Having taken property or a person by use of force. C) Having ownership, commonly used in Wills.




In the stock market, using secret "inside" information which is gained by being an official of a corporation (or from such an officer) to buy or sell stock before the information becomes public (like a merger, poor profit report, striking oil). Self-dealing can also apply to general partners of a limited partnership who do not inform limited partners of business opportunities which should belong to the partnership. Self-dealing can result in a lawsuit for fraud by shareholders.


Reasonable force which is used to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force. Reasonable force can also be used to protect property from theft or destruction. Self-defense cannot include killing or great bodily harm to defend property, unless personal danger is also involved, as is the case in most burglaries, muggings or vandalism.






Act of making statements or producing evidence which tends to prove that one is guilty of a crime.






One who sells goods or other property to a buyer.

Senior lien

The first security interest (lien or claim) which is placed upon property at a time before other liens, which are called "junior" liens.




Married persons living apart, either informally by one leaving the home or agreeing to "separate" while sharing a residence without sexual relations, or formally by obtaining a "legal separation" or negotiating a "separation agreement" setting out the terms of separate living.

Separation agreement



To keep separate or apart. In so-called "high-profile" criminal prosecutions (involving major crimes, events or persons given wide publicity) the jury is sometimes "sequestered" in a hotel without access to news media, the general public or their families except under supervision, in order to prevent the jury from being "tainted" by information or opinions about the trial outside of the evidence in the courtroom. A witness may be sequestered from hearing the testimony of other witnesses, commonly called being "excluded," until after he/she has testified, supposedly to prevent that witness from being influenced by other evidence or tailoring his/her testimony to fit the stories of others.




(sear-ee-ah-tim) In Latin, it is used for "one after another" as in a series. Thus, issues or facts are discussed seriatim (or "ad seriatim"), meaning one by one in order.


An employee of an employer or one who works for a master. A servant is differentiated from an "independent contractor" who operates his/her own business even though spending much time on the work of a particular person or entity. The servant has established hours or piece work, is under the direction of the employer even as to details, cannot work for competitors and acts for the benefit of the employer rather than for himself/herself.


A) The domestic activities of a wife, including the marital relationship are legally considered "services" for which a deprived husband may sue a person who has caused injury to his wife. B) The official delivery of legal documents ("service of process") such as a summons, complaint, order to show cause, writ (court order), or notice to quit the premises, as well as delivery by mail or in person of documents to opposing attorneys or parties, such as answers, motions, points and authorities, demands and responses. C) Paid work by another person, either by contract or as an employee. "Personal services" is work that is either unique (such as an artist or actor) or based on a person's particular relationship to employer (such as a butler, or a driver).

Service by fax


Service by mail


Service by publication

Serving a summons or other legal document in a lawsuit on a defendant by publishing the document sin a newspaper of general circulation. Service by publication is used to give "constructive notice" to a defendant who is intentionally absent, in hiding, unknown (as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence" (trying hard). Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address or to give notice to people who might have a right to object to a "quiet title" action to clear title to real property.

Service of process



Work which is done for pay.

Servient estate

Real property which has an easement or other use imposed upon it in favor of another property (called the "dominant estate"), such as right of way or use for access to an adjoining property or utility lines. The property giving usage is the servient estate, and the property holding usage of the easement is the dominant estate.


A) The term of Court of appeals which can cover several months. B) A meeting (or "sitting") of a court for a particular period of time. "Session" technically means one day's business.


To schedule, as to "set a case for trial."

Set aside

To annul. quash or negate a Court order or judgment by another court order.


(offset) A claim which is made by a defendant in a lawsuit that the plaintiff owes the defendant money which should be subtracted from the amount of damages claimed by plaintiff. By claiming a setoff the defendant does not necessarily deny the plaintiff's original demand, but he/she claims the right to prove the plaintiff owes him/her an amount of money from some other transaction and that the amount should be deducted from the plaintiff's claim.


The action of a Court, clerk or commissioner in scheduling a trial or hearing.


To resolve a civil suit without a final Court judgment by negotiation between the parties, usually with the assistance of attorneys and/or insurance adjusters, and sometimes prodding by a judge.


The resolution of a civil suit (or of a legal dispute prior to filing a complaint or petition) without going forward to a final court judgment. Most settlements are achieved by negotiation in which the attorneys (and sometimes an insurance adjuster with authority to pay a settlement amount on behalf of the company's insured defendant) and the parties agree to terms of settlement. A settlement is sometimes reached based upon a final offer just prior to trial or even after trial has begun. A settlement reached just before trial or after a trial or hearing has begun is often "read into the record" and approved by the court so that it can be enforced as a judgment if the terms of the settlement are not complied with. Most lawsuits result in settlement.


The person who creates a trust by a written trust declaration, called a "Trustor" and sometimes referred to as the "Donor." The settlor usually transfers the original assets into the trust.

Severable contract


Several liability



A) Extra pay which is offered and made to a person to encourage him/her to resign, retire or settle a potential claim for discharge. B) A separation by Court order, such as separate trials for criminal defendants who were charged with the same crime, or trying the negligence aspect of a lawsuit before a trial on the damages. Such division of issues in a trial is sometimes also called "bifurcation." Severance is granted when a joint trial might be unfair or reaching a decision on one issue may save the trouble of hearing the other questions.

Sex offender

Generic term for all persons who are convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution.

Sexual harassment



A) In some statutes, "shall" is a direction but does not mean mandatory, depending on the context. B) An imperative command as in "you shall not kill."


A) A portion of ownership interest in a company, represented by a stock certificate stating the number of shares of an issue of the corporation's stock. B) A portion of a benefit from a trust, estate, claim or business usually in equal division (or a specifically stated fraction) with others.

Share and share alike




Shareholders' agreement


Shareholders' derivative action

A lawsuit which is made by a corporation's shareholders, theoretically on behalf of the corporation, to protect and benefit all shareholders against the corporation for improper management.

Shareholders' meeting

A meeting, usually annual, of all shareholders of a company (although in large corporations only a small percentage attend) to elect the board of directors and hear reports on the company's business situation. In larger corporations top management people hold the proxies signed over to them by many of the shareholders to vote for them.

Sharp practice



The top law enforcement officer for a country like United States, usually elected and responsible for police protection outside of incorporated cities, management of the county jail, providing bailiffs for protection of the courts, and such civil activities as serving summonses, subpenas and writs, conducting judgment sales, and fulfilling various functions ordered by the courts.

Shield laws


Shifting the burden of proof


Short cause

A civil suit which is estimated by the parties and the trial setting judge to take no more than one day. Thus, a short cause may be called on the "short cause" calendar and get priority on the calendar since it can be fitted into the court's schedule and will not tie up a courtroom for a long period. Short causes may be treated differently from "long cause" cases, such as not requiring a settlement conference or having the cases tried by "pro tem" judges. However, if a supposed "short cause" lasts beyond one day the judge is authorized to declare a mistrial and the case will be reset later as a "long cause."

Shortening time


Show cause order



A) A discussion between the judge and attorneys at the bench off the record and outside the hearing of the jurors or spectators. B) In journalism, a brief story on a sidelight to a news story, such as a biographical sketch about a figure in the news or an anecdote related to the main story, and sometimes enclosed within a box. C) Physically, an area in front of or next to the judge's bench (the raised desk in front of the judge) away from the witness stand and the jury box, where lawyers are called to speak confidentially with the judge out of earshot of the jury.


A) To communicate by sign language. B) To write one's signature on a document.

Silent partner


Similarly situated

With the same problems and circumstances, referring to the people who are represented by a plaintiff in a "class action," brought for the benefit of the party filing the suit as well as all those "similarly situated." To be similarly situated, the defendants, basic facts and legal issues must be the same, and separate lawsuits would be impractical or burdensome.

Simple trust


Simultaneous death act


Sine qua non

(see-nay kwah nahn) In Latin, it is similar for "without which it could not be," an indispensable action or condition.


In Latin, it is similar for "location," be it where the crime or accident took place or where the building stands.




Anal copulation by a man inserting his penis in the anus either of another man or a woman. If accomplished by use of force, without consent or with someone incapable of consent, sodomy is a crime in the same way that rape is. Traditionally sodomy was called "a crime against nature." Sodomy does not include oral copulation or sexual acts with animals (bestiality).

Sole proprietorship

A business which is owned by one person, as differentiated from a partnership or corporation.





Solitary confinement

The placement of a prisoner in a prison in a cell away from other prisoners, usually as a form of internal penal discipline, but occasionally to protect the convict from other prisoners or to prevent the prisoner from causing trouble. Long-term solitary confinement may be found to be unconstitutional as "cruel and unusual punishment".


A) Having more assets than liabilities (debts). The contrast is "insolvency," which may be a basis for filing a petition in bankruptcy. B) Having sufficient funds or other assets to pay debts.

Sound mind and memory

Having an understanding of one's actions and reasonable knowledge of one's family, possessions and surroundings. This is a phrase often included in the introductory paragraph of a will in which the testator (writer of the will) declares that he/she is "of sound mind and memory". The general test is whether the person making the Will understood: a) the meaning and effect of the will, b) what the person owned (more or less), and c) the "natural objects of his/her bounty", meaning the immediate family and any other particularly close relatives or friends to whom he/she might leave things.

Sounds in

The underlying legal basis for a lawsuit or one of several causes of action in a suit, such as contract or tort. The phrasing might be: "Plaintiff's first cause of action against Defendant sounds in tort, and his second cause of action sounds in contract".

Speaking demurrer

An attempt which is made to introduce evidence during a hearing on a demurrer. A demurrer is a legal opposition to a complaint in a lawsuit, which says, in effect, that even if the factual claims (allegations) are true, there are legal flaws or failures in the lawsuit. Therefore, since the factual allegations are admitted for the sake of argument, introducing evidence is improper, and an attorney making a "speaking demurrer" will be halted, often in mid-argument.



Special administrator

A person who is appointed by the Court in a probate proceeding to take charge of the assets and/or investigate the status of the estate and report to the court, usually when there is a dispute between beneficiaries (those who may receive from the estate) and the executor or administrator.

Special appearance

The representation which is made by an attorney of a person in Court for: a) on behalf of the client's regular attorney of record; b) only that particular session of the court. A special appearance is different from a "general appearance" in which the attorney is committed to represent the client in all future matters, hearings and trial of the case unless he/she is allowed to withdraw or is substituted "out of" the case by the client. Quite often an attorney will make a "special appearance" to protect the interests of a potential client but before a fee has been paid or arranged.

Special circumstances

In criminal cases, particularly homicides, actions of the accused or the situation under which the crime was committed for which statutes allow or require imposition of a more severe punishment. "Special circumstances" in murder cases may well result in the imposition of the death penalty for murder or life sentence without possibility of parole. Such circumstances may include: rape, kidnapping or maiming prior to the killing, multiple deaths, killing a police officer or prison guard, or actions showing wanton disregard for life, such as throwing a bomb into a restaurant.

Special damages


Special master

A person who is appointed by the Court to carry out an order of the court, such as selling property or mediating child custody cases. A "special" master distinguishes from a "master" in that he/she takes positive action rather than just investigating and reporting to the judge.

Special verdict

Decisions of the jury or findings of fact with the application of the law to those facts which are left up to the judge, who will then render the final verdict. This type of limited verdict is used when the legal issues to be applied are complex or require difficult computation.

Specific bequest

The gift in a Will of a certain article to a certain person or persons.

Specific devise

The gift in a Will of a certain piece of real estate to a certain person or persons.

Specific finding


Specific legacy

A gift in a Will of a certain article or property to a certain person or persons.

Specific performance

The right of a party to a contract which is used to demand that the defendant should be ordered in the judgment to perform the contract. Specific performance may be ordered instead of (or in addition to) a judgment for money if the contract can still be performed and money cannot sufficiently reward the plaintiff. Example: when a defendant was to deliver some goods and did not, a judge may order the defendant to actually deliver the goods.

Speculative damages

Possible financial loss or expenses which are claimed by a plaintiff which are contingent upon a future occurrence, purely conjectural or highly improbable. Speculative damages should not be awarded, and jury instructions should so state. Example: plaintiff believes that ten years hence, as he ages, he may begin to feel pain from a healed fracture although no physician has testified that this is likely to happen.

Spendthrift clause


Spontaneous exclamation

A sudden statement which is caused by the speaker having seen a surprising, startling or shocking event, or having suffered an injury. Even though the person who made the spontaneous exclamation is not available (such as he/she is dead or missing), a person who heard the exclamation may testify about it as an exception to the rule against "hearsay" evidence. The reason is that such an exclamation lacks planning and is assumed to have the ring of truth to it.

Spousal support

Payment for support of an ex-spouse which is ordered by the Court. More commonly called alimony.

Springing interest

A future right to title to real property which is created by a deed or will. Example: "I give title to my daughter Reena for her lifetime, and, on her death, title to my grandson Ram." Ram has a springing interest in the property.



Standard of care



The right which is used to file a lawsuit or file a petition under the circumstances. A plaintiff will have standing to sue in court if there is an actual controversy.

Star chamber proceedings

Any judicial or quasi-judicial action, trial or hearing which so grossly violates standards of "due process" that a party appearing in the proceedings is denied a fair hearing. The term comes from a large room with a ceiling decorated with stars in which secret hearings of the privy council and judges met to determine punishment for disobedience of the proclamations of King Henry VIII of Great Britain (1509-1547). The high-handed, unfair, predetermined judgments, which sent the accused to the Tower of London or to the chopping block, made "star chamber" synonymous with unfairness and illegality from the bench.

Stare decisis



The state government and any of its departments, agencies or components (such as a city, board).

State of domicile


Status conference

A pre-trial meeting of attorneys before a judge to inform the court as to how the case is proceeding, what discovery has been conducted, any settlement negotiations, probable length of trial and other matters relevant to moving the case toward trial. Court rules usually require the filing of a status conference statement prior to the conference.


Law which is enacted by the state legislature. Local statutes or laws are usually called "ordinances". Regulations, rulings, opinions, executive orders and proclamations are not statutes.

Statute of frauds


Statute of limitations

A law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is forever dead (barred). The types of cases and statute of limitations periods are broken down among: personal injury from negligence or intentional wrongdoing, property damage from negligence or intentional wrongdoing, breach of an oral contract, breach of a written contract, professional malpractice, libel, slander, fraud, trespass, a claim against a governmental entity (usually a short time), and some other variations. In some instances a statute of limitations can be extended ("tolled") based on delay in discovery of the injury or on reasonable reliance on a trusted person (a fiduciary or confidential adviser who has hidden his/her own misuse of someone else's funds or failure to pay). A minor's right to bring an action for injuries due to negligence is tolled until the minor turns eighteen (except for a claim against a governmental agency).

Statutory offer of settlement


Statutory rape

Sexual intercourse with a female below the legal age of consent but above the age of a child, even if the female gave her consent, did not resist and/or mutually participated is called statutory rape.



Stay away order

A court order that a person may not come near and/or contact another.

Stay of execution

A Court-ordered which is issued for delay in inflicting the death penalty.


An agreement, usually on a procedural matter, between the attorneys for the two sides in a legal action is termed as stipulation. Some stipulations are oral, but the courts often require that the stipulation be put in writing, signed and filed with the court.


A) To keep goods ready for sale in a business. B) Inventory of a business which is meant for sale (as differentiated from equipment and facilities). C) Share in the ownership of a corporation (called "shares of stock" or simply "shares"). D) Cattle.

Stock certificate

Printed document which states the name, incorporation place, date of incorporation, the registered number of the certificate, the number of shares of stock in a corporation the certificate represents, the name of the shareholder, the date of issuance and the number of shares authorized in the particular issue of stock, signed by the president and secretary of the corporation. On the reverse side of the certificate is a form for transfer of the certificate to another person. After transfer the new owner should register the change of ownership with the corporation.

Stock in trade

The inventory of merchandise which is held for sale.

Stock option

The right which is exercised to purchase stock in the future at a price set at the time the option is granted (by sale or as compensation by the corporation). To actually obtain the shares of stock the owner of the option must "exercise" the option by paying the agreed upon price and requesting issuance of the shares.


Shareholder in a company.

Stockholders' derivative action

See also: derivative action shareholders' derivative action

Stop and frisk

Search of a law enforcement officer for a weapon which is confined to a suspect's outer clothing when either a bulge in the clothing or the outline of the weapon is visible. The search is commonly called a "pat down," and any further search requires either a search warrant or "probable cause" to believe the suspect will commit or has committed a crime (including carrying a concealed weapon, which itself is a crime). The limited right to "stop and frisk" is intended to halt the practice of random searches of people in hopes of finding evidence of criminal activity or merely for purposes of intimidation, particularly of minorities.

Straw man

A) An argument which is intended to distract the other side from the real issues or waste the opponent's time and effort, sometimes called a "red herring" (for the belief that drawing a fish across a trail will mislead hunting dogs). B) A person to whom title to property or a business interest is transferred for the sole purpose of concealing the true owner and/or the business machinations of the parties. Thus, the straw man has no real interest or participation but is merely a passive stand-in for a real participant who secretly controls activities. Sometimes a straw man is involved when the actual owner is not permitted to act, such as a person with a criminal record holding a liquor license.


A roadway or path in an urban area, which is owned and maintained by the municipality for public use. A private road cannot be a street.

Strict construction


Strict liability



A) To order that language in a pleading shall be removed or no longer be of any effect, usually after a motion by the opposing party and argument, on the basis that the language (which may be an entire cause of action) is not proper pleading, does not state a cause of action (a valid claim under the law) or is not in proper form. B) To remove a statement from the record of the court proceedings by order of the judge due to impropriety of a question, answer or comment to which there has been an objection. Often after a judge has stricken some comment or testimony (an answer made before an objection has stopped the witness), he/she warns the jury not to consider the stricken language, but the jury has a hard time forgetting since "a bell once rung cannot be unrung." C) The organized refusal of workers to remain on the job, usually accompanied by demands for a union contract, higher wages, better conditions or other employee desires, and possibly including a picket line to give voice to workers' demands and discourage or intimidate other workers and customers from entering the business, factory or store.


Anything which is built by man/woman, from a shed to a highrise or a bridge.

Sua sponte

(sooh-uh spahn-tay) In Latin, it is used for "of one's own will," meaning on one's own volition, usually referring to a judge's order made without a request by any party to the case. These include an order transferring a case to another judge due to a conflict of interest or the judge's determination that his/her court does not have jurisdiction over the case.



Subject to



The lease to another of all or a portion of premises by a tenant who has taken the premises on lease from the owner. A sublease may be prohibited by the original lease, or require written permission from the owner. In any event, the original tenant (lessee) is still responsible for paying the rent to the owner (landlord/lessor) through the term of the original lease and sublease.




Allowing a debt or claim which has priority to take second position behind another debt, particularly a new loan. A property owner with a loan which is secured by the property who applies for another loan to make additions or repairs usually must get a subordination of the original loan so the new obligation is in first place. A declaration of homestead must always be subordinated to a loan.

Subordination agreement

A written agreement in which a lender who has secured a loan by a mortgage or deed of trust agrees with the property owner to subordinate the first loan to a new loan. The agreement must be acknowledged by a notary so it can be recorded in the official county records.

Subornation of perjury

The crime of inducing, encouraging, or assisting another in the commission of perjury, which is knowingly telling an untruth under oath.


(suh-pea-nah) An order of the Court to witness to appear at a particular time and place to testify and/or produce documents which are in the control of the witness (if a "subpena duces tecum"). A subpena is used to obtain testimony from a witness at both depositions (testimony under oath taken outside of court) and at trial. Subpenas are usually issued automatically by the court clerk but must be served personally on the party being summoned. Failure to appear as required by the subpena can be punished as contempt of court if it appears the absence was intentional or without cause.

Subpena duces tecum

(suh-pea-nah dooh-chess-take-uhm or dooh-kess-take-uhm): A Court order which is requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. This subpena must be served personally on the person subpenaed. It is the common way to obtain potentially useful evidence, such as documents and business records, in the possession of a third party. A subpena duces tecum must specify the documents or types of documents To obtain documents from the opposing party, a "Request for Production of Documents" is more commonly used. Failure to respond to a subpena duces tecum may subject the party served with the subpena to punishment for contempt of court for disobeying a court order.


The original spelling of subpena, which is still commonly used.




The person or entity that assumes the legal right to attempt to collect a claim of another (subrogor) in return for paying the other's expenses or debts which the other claims against a third party. A subrogee is usually the insurance company which has insured the party whose expenses were paid. Thus, the subrogee insurance company may file a lawsuit against a party which caused the damages to its insured which the subrogee paid.


A person or entity that transfers his/her/its legal right to collect a claim to another (subrogee) in return for payment of the subrogor's expenses or debts which he/she/it claims. Thus, a person who is injured in an accident (subrogor) is paid by his/her/its own insurance company (subrogee) for the damages, and then the insurance company sues the party who apparently caused the damages.