Civil Justice

Here are some simple definitions for the legal terms you are likely to hear if you make a civil claim. For more terms you might hear in court, please see the Terminology Guide for Courts and Tribunals (PDF, 648Kb).

Address for service

An address of a place in New Zealand where all documents about a claim can be taken or sent to the plaintiff or defendant

Affidavit

A written statement given under oath

Counterclaim

An independent claim against the person making the original claim

Defendant

The person who a claim is against

Deponent

A person who makes an affidavit (a written statement, sworn or affirmed before a person who has the authority to administer an oath).

Disbursements

An expense paid by any party, including filing fees, fees for serving forms, and photocopying fees

File

To take or send documents about a claim to the court registrar at the District Court

Information capsule

A record of the plaintiff's or defendant's case, including the information they intend to rely on for their case

Judgment

When the court makes a judgment in favour of the plaintiff because the defendant does not return their documents or information in time

Judgment (for counterclaim)

When the court makes a judgment in favour of the defendant because the plaintiff does not return their documents or information in time

Jurisdiction

The court's authority to decide on a claim

Oath

A solemn declaration that something is true

Plaintiff

The person making a claim against someone else

Serve

To take or send documents about a claim to the plaintiff's or defendant's address for service

Serve personally

To take documents about a claim to the plaintiff or defendant and give the documents to them

Uncontested claim

A claim started by the plaintiff that the defendant does not respond to in time

Working day

Any normal weekday from Monday to Friday, unless it is one of the following public holidays: Good Friday, Easter Monday, Anzac Day, Labour Day, Queen's birthday, or Waitangi Day. As well as these public holidays, the days from Christmas Day (25 December) to 15 January do not count as working days