commission to examine a witness. A judicial commission directing that a witness beyond the court’s territorial jurisdiction be deposed. • The commission usu. identifies the person to be deposed, when and where the deposition will be taken, and any other information that will help the commissioner to perform. — Also termed commission to take a […]
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The court-ordered deposit of the property at issue in a lawsuit. [Cases: Sequestration 1. C.J.S. Sequestration §§ 2–3, 5.]
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The immediate taking of possession of private property for public use, whereby the esti-mated compensation is deposited in court or paid to the condemnee until the actual amount of compensation can be established. — Also termed quick-take. [Cases: Eminent Domain 187, 188. C.J.S. Eminent Domain §§ 210–212, 221.]
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motion for more definite statement. A party’s request that the court require an opponent to amend a vague or ambiguous pleading to which the party cannot reasonably be required to respond. Fed. R. Civ. P. 12(e). — Also termed motion for a more definite statement. [Cases: Federal Civil Procedure 957; Pleading 367. C.J.S. Pleading §
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entry, n. 1. The act, right, or privilege of entering real property (they were given entry into the stadium). forcible entry. See FORCIBLE ENTRY. lawful entry. 1. The entry onto real property by a person not in possession, under a claim or color of right, and without force or fraud. 2. The entry of premises
sequestratio (see-kwes-tray-shee-oh), n. [Latin] Roman law. The depositing of an object in dispute with a holder, the sequester, either voluntarily or by court order. Pl. sequestrationes (see-kwes-tray-shee-oh-neez).
A bond or deposit of money given to secure the release of a person arrested for failing to pay a court-ordered civil debt. • The bail is conditioned on the payment of the debt. [Cases: Bail 1. C.J.S. Bail; Release and Detention Pending Proceedings§§ 2, 191.]
post. [Latin] After. Cf. ANTE. post, vb. 1. To publicize or announce by affixing a notice in a public place ( foreclosure notice was posted at the county courthouse). 2. To transfer (accounting entries) from an original record to a ledger (post debits and credits). 3. To place in the mail (post a letter). [Cases:
subpoena (s[schwa]-pee-n[schwa]), n. [Latin “under penalty”] A writ commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply. — Also spelled subpena. [Cases: Witnesses 7. C.J.S. Witnesses §§ 20–22, 25.] Pl. subpoenas. alias subpoena (ay-lee-[schwa]s s[schwa]-pee-n[schwa]). A subpoena issued after an initial subpoena has failed. deposition