BPOC Civil Process UPDATED ACTUAL Questions and
CORRECT Answers
Affiant The person who swears to an affidavit or statement
Affidavit A written or printed statement or declaration of facts, made voluntarily and sworn
to or affirmed by an affiant before a person having authority to administer an oath
or affirmation
Alternate Service A court approved method of delivering a court document to an uncooperative
defendant
Answer A pleading in a civil matter in which one party (defendant) responds to the claim
of another party (plaintiff); in an answer, the defendant will deny the allegations in
the plaintiff's complaint or agree with the facts but allege new information which
should prevent the plaintiff from recovering on the facts originally presented.
Appeal A request or complaint to a higher court to correct an injustice or error
committed by a lower court; in justice court, the removal of the cause from justice
court to county court for the purpose of obtaining a review and new trial
Attachment The seizure of persons or property so that they will come under the custody and
control of the court; the process occurs by virtue of a writ, summons or other
judicial order.
Capias A writ similar to an arrest warrant; a judicial writ commanding a peace officer to
take a person into custody to answer specific charges
Citation Official process by which a plaintiff gives a defendant notice of suit. The purpose
is to give the court jurisdiction over the parties, to satisfy due process
requirements, and to provide the defendant the opportunity to appear and
defend himself.
Complaint An affidavit or sworn statement made before the court which charges the
commission of an offense within the jurisdiction of the court
Court of Record A court whose proceedings are recorded by a court reporter; justice courts are
not courts of record; county and district courts are courts of record
Default judgement A judgment entered by the court upon the failure of a party to plead or appear at
the appointed time
Diligence effort Persistent activity, prudence or care; "diligent effort" is that which is properly
expected from a reason and prudent person under the particular circumstances
, Execution A writ issued by a court of competent jurisdiction, commanding an officer to
collect the judgment amount and costs or to levy upon the non-exempt property
of a defendant, in satisfaction of a previous judgment rendered by the issuing
court.
Exempt property Property specified by statute, which may not be seized or sold to satisfy an
execution or attachment
Ex Parte Protective Order An order issued by a family court (district or county court) to prohibit a defendant
from certain acts including further family violence, and requiring the defendant to
appear in court on a specified date and time. It may include an order directing a
law enforcement officer to inform a defendant to vacate a premise
Forcible entry and detainer (eviction suit) Provide a summary, speedy, simple, and inexpensive remedy for determination of
who is entitled to possession of real property and/or post due rent
Garnishment A statutory proceeding whereby a person's property, money, or credits of a
debtor in possession or under control of or owing by another, called a garnishee,
is applied to debt of the debtor
Good Faith Honesty of intention; sincerity
Guardian Ad Litem A person appointed by the court to represent a minor, an incompetent person or
any other person entitled to such protection by law
Habeas Corpus Court order that commands anyone having a person in custody or their control to
produce the person at the time and place named in the writ and to show why that
person is being held or under restraint (Latin - "You have the body of")
Indigent/Pauper A suitor who, on account of poverty, is allowed to sue or defend without being
chargeable with costs; also, an indigent criminal defendant who has a right to
assigned defense counsel
Injunction Commands the person(s) to whom it is directed to desist or refrain from the
commission or continuance of the act enjoined or to obey and execute such
order as the court has seen proper to issue
Jurisdictional Amount The money amount involved in the particular case or dispute by which the
jurisdiction of the court to determine the case is measured; part of "subject
matter" jurisdiction.
Levy To collect, gather, take up, seize, or execute on monies, real, or personal property
under a lawfully issued writ.
Liability Being responsible for actual damages, punitive damages or possible loss
Magistrate A civil public officer invested with powers and functions, which may be judicial,
executive, or legislative in nature; a justice of the peace is a _.
Motion A written or oral application for a ruling or order from the court
CORRECT Answers
Affiant The person who swears to an affidavit or statement
Affidavit A written or printed statement or declaration of facts, made voluntarily and sworn
to or affirmed by an affiant before a person having authority to administer an oath
or affirmation
Alternate Service A court approved method of delivering a court document to an uncooperative
defendant
Answer A pleading in a civil matter in which one party (defendant) responds to the claim
of another party (plaintiff); in an answer, the defendant will deny the allegations in
the plaintiff's complaint or agree with the facts but allege new information which
should prevent the plaintiff from recovering on the facts originally presented.
Appeal A request or complaint to a higher court to correct an injustice or error
committed by a lower court; in justice court, the removal of the cause from justice
court to county court for the purpose of obtaining a review and new trial
Attachment The seizure of persons or property so that they will come under the custody and
control of the court; the process occurs by virtue of a writ, summons or other
judicial order.
Capias A writ similar to an arrest warrant; a judicial writ commanding a peace officer to
take a person into custody to answer specific charges
Citation Official process by which a plaintiff gives a defendant notice of suit. The purpose
is to give the court jurisdiction over the parties, to satisfy due process
requirements, and to provide the defendant the opportunity to appear and
defend himself.
Complaint An affidavit or sworn statement made before the court which charges the
commission of an offense within the jurisdiction of the court
Court of Record A court whose proceedings are recorded by a court reporter; justice courts are
not courts of record; county and district courts are courts of record
Default judgement A judgment entered by the court upon the failure of a party to plead or appear at
the appointed time
Diligence effort Persistent activity, prudence or care; "diligent effort" is that which is properly
expected from a reason and prudent person under the particular circumstances
, Execution A writ issued by a court of competent jurisdiction, commanding an officer to
collect the judgment amount and costs or to levy upon the non-exempt property
of a defendant, in satisfaction of a previous judgment rendered by the issuing
court.
Exempt property Property specified by statute, which may not be seized or sold to satisfy an
execution or attachment
Ex Parte Protective Order An order issued by a family court (district or county court) to prohibit a defendant
from certain acts including further family violence, and requiring the defendant to
appear in court on a specified date and time. It may include an order directing a
law enforcement officer to inform a defendant to vacate a premise
Forcible entry and detainer (eviction suit) Provide a summary, speedy, simple, and inexpensive remedy for determination of
who is entitled to possession of real property and/or post due rent
Garnishment A statutory proceeding whereby a person's property, money, or credits of a
debtor in possession or under control of or owing by another, called a garnishee,
is applied to debt of the debtor
Good Faith Honesty of intention; sincerity
Guardian Ad Litem A person appointed by the court to represent a minor, an incompetent person or
any other person entitled to such protection by law
Habeas Corpus Court order that commands anyone having a person in custody or their control to
produce the person at the time and place named in the writ and to show why that
person is being held or under restraint (Latin - "You have the body of")
Indigent/Pauper A suitor who, on account of poverty, is allowed to sue or defend without being
chargeable with costs; also, an indigent criminal defendant who has a right to
assigned defense counsel
Injunction Commands the person(s) to whom it is directed to desist or refrain from the
commission or continuance of the act enjoined or to obey and execute such
order as the court has seen proper to issue
Jurisdictional Amount The money amount involved in the particular case or dispute by which the
jurisdiction of the court to determine the case is measured; part of "subject
matter" jurisdiction.
Levy To collect, gather, take up, seize, or execute on monies, real, or personal property
under a lawfully issued writ.
Liability Being responsible for actual damages, punitive damages or possible loss
Magistrate A civil public officer invested with powers and functions, which may be judicial,
executive, or legislative in nature; a justice of the peace is a _.
Motion A written or oral application for a ruling or order from the court
