Court papers use defined terms for people, documents, and stages of a case; the surrounding document and court rule matter more than a word used in isolation.

Names for the people and papers

The North Carolina Judicial Branch’s lawsuit overview describes a plaintiff as a person who files a lawsuit and a defendant as a person against whom a lawsuit is filed. A complaint begins a civil case; an answer responds to the complaint; and a counterclaim is a claim asserted by a defendant against a plaintiff.

Words can describe different questions

  • Jurisdiction: a court’s authority to hear a kind of case or issue
  • Venue: the location where a case is filed or heard under the applicable rules
  • Discovery: the process for obtaining information before trial under the procedural rules
  • Motion: a request for a court order
  • Appeal: a request for review under rules that apply after a decision

These short descriptions do not decide what a filing means, whether a deadline applies, or which court has authority. Read the actual pleading, notice, order, and rule together.

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