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Clerk of the court
Court official who keeps court records, files pleadings, motions, and judgments, and administers the oath to jurors and witnesses
Hypothetical question
A form of question generally used for expert witnesses. The examiner states a factual foundation (often based on disputed facts) and asks the expert to draw conclusions based on the hypothetical foundation. The hypothetical question includes only facts already in evidence.
Order to show cause
Court order requiring a party to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked.
Hostile witness
A witness who displays antagonism toward the party who called him to testify, or who is a witness for the opposing party. The examining party is allowed to conduct direct examination as if it were cross-examination.
Waive
To give up a right or claim voluntarily.
Bailiff
A court officer whose duties are to keep order in the courtroom and to have custody of the jury.
Indeterminate sentence
An indefinite sentence of imprisonment, within a specified range (e.g. "5 to life") with the Board of Pardons later determining the exact term to be served.
Dismissal without prejudice
A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause
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