- DAMAGES: An amount of money that may be recovered in the courts by any person who has suffered loss, detriment, or injury through the unlawful act, negligence or intentional conduct of another.
- DECISION: The judgment reached or given by a court of law.
- DECLARATION: A written statement of facts under oath, by a party. Can also be referred to as a affidavit.
- DECLARATORY JUDGMENT: A judgment of the court explaining what the existing law is or expresses the opinion of the court without the need for enforcement.
- DECREE: A decision or order of the court. A final decree is one that fully and finally disposes of the litigation; an interlocutory decree is a preliminary decree that disposes of a particular issue within the litigation.
- DEFAULT: A "default" occurs when a defendant fails to appear at the trial or to provide an answer to the complaint within the time allowed.
- DEFAULT JUDGMENT: When a defendant is in default, the court enters an order in favor of the plaintiff. The court may in its discretion overturn a default judgment.
- DEFENDANT: The person(s) or other entity against which a claim is filed.
- DEFENDANT'S ANSWER: A formal written statement by a defendant admitting or denying all or part of the claims against him/her or entity. Each defendant must file a separate answer.
- DEMURRER: In California it is a motion to dismiss all or individual claims of the plaintiff or counterclaim of the defendant because of a failure to state a legally sufficient claim.
- DEPOSITION: The testimony of a witness taken by a court reporter outside of court, but given under oath as part of the discovery process. Deposition testimony may be introduced as evidence in court proceedings if the person is deemed unavailable or for impeachment purposes.
- DIRECT EVIDENCE: Proof of facts by witnesses who saw acts committed or heard words spoken that is not precluded as hearsay.
- DIRECT EXAMINATION: The first questioning of a witness by the party on whose behalf he or she is called.
- DISCOVERY: The pretrial process by which one party discovers the facts and evidence the opposing party will rely upon at trial.
- DISINTERESTED ADULT: A person age 18 or older who is not involved in the case and is familiar with the rules of service to serve a defendant.
- DISMISSAL: The termination of a lawsuit. A dismissal without prejudice allows the plaintiff the option to file again at a later date. A dismissal with prejudice prevents the lawsuit from being brought again in the future in any form.
- DOCUMENTARY EVIDENCE: Any document that is admitted as evidence in a trial or hearing, as distinguished from oral testimony.
- DOMICILE: The place where a person has his or her permanent legal home.
