An asbestos case moves through a series of court steps, and this category explains the ones you're most likely to hear about. Some are routine, like interrogatories (written questions each side must answer) and a subpoena (a court order to produce documents or testimony). Others shape the whole case, like a motion in limine that asks the judge to keep certain evidence out before the jury ever hears it.
Many of these terms matter because of timing. Trial preference lets a seriously ill plaintiff move ahead of the usual backlog, so a case can be heard while it still counts. Consolidation can group related claims together, and removal to federal court can shift where the case is decided.
You'll also find the terms that describe how a trial ends and what comes after: directed verdict, default judgment, jury instruction, and appeal. Knowing what each step does makes the process feel less opaque. Every term below links to a full plain-language definition.
Terms in this category
- AnswerAn answer is a defendant's formal written response to a complaint. It admits or denies each allegation and li…
- AppealAn appeal is a request to a higher court to review a lower court's decision for legal errors. The appeals cou…
- Bellwether TrialA bellwether trial is one of a small number of test cases tried first in a large group of similar lawsuits. T…
- ComplaintA complaint is the document that starts a lawsuit. It names the plaintiff and the defendants, describes what …
- ConsolidationConsolidation is when a court groups multiple lawsuits together so they can be handled, and sometimes tried, …
- Cross-ClaimA cross-claim is a claim one defendant makes against another defendant in the same lawsuit, usually asking th…
- De Bene Esse DepositionA de bene esse deposition is sworn testimony recorded, usually on video, so that it can be played at trial if…
- Default JudgmentA default judgment is a ruling a court enters against a defendant who fails to answer a lawsuit or appear in …
- Directed VerdictA directed verdict is a ruling by the trial judge that decides the case in favor of one side before the jury …
- Inactive DocketAn inactive docket is a court program that sets aside asbestos cases filed by people who have been exposed, o…
- Interlocutory AppealAn interlocutory appeal is a request for a higher court to review a specific ruling made by the trial judge b…
- InterrogatoriesInterrogatories are written questions that one side in a lawsuit sends to the other side, which must be answe…
- Judgment Notwithstanding the Verdict (JNOV)A judgment notwithstanding the verdict is a ruling by the trial judge, after a jury verdict, that enters judg…
- Jury InstructionA jury instruction is the set of directions a judge reads to the jury before they begin deliberating, explain…
- Letters of AdministrationLetters of administration are a court document appointing someone to manage a deceased person's estate, usual…
- Lone Pine OrderA Lone Pine order is a case-management order requiring plaintiffs in a mass tort to produce basic evidence of…
- Motion in LimineA motion in limine is a written request a lawyer files before trial asking the judge to decide, in advance, t…
- ProbateProbate is the court process that validates a will, appoints a person to manage a deceased person's estate, a…
- Protective OrderA protective order is a court order that limits how information exchanged in a lawsuit can be used or shared.…
- Removal to Federal CourtRemoval to federal court is the legal process by which a defendant takes a lawsuit that a plaintiff originall…
- Requests for AdmissionRequests for admission are written statements one side in a lawsuit sends to the other, asking it to admit or…
- Reverse BifurcationReverse bifurcation is a way of splitting a trial so that the jury decides damages first, assuming the defend…
- Service of ProcessService of process is the formal delivery of the complaint and a summons to each defendant, giving official n…
- SubpoenaA subpoena is a formal legal order requiring someone to give testimony or produce documents. One type compels…
- Third-Party ComplaintA third-party complaint is a pleading in which a defendant brings a new party into a lawsuit, claiming that t…
- Trial PreferenceA trial preference is a court order that moves a case to the front of the trial calendar so it is heard soone…
- Voir DireVoir dire is the pretrial process in which prospective jurors are questioned by the attorneys and/or judge to…
- Writ of MandamusA writ of mandamus is an order from a higher court directing a lower court or a government official to perfor…
Terms in this category
Browse the full Lexicon, or talk it through with a member of our litigation team, not a screener, at 833-4-ASBESTOS.