Legal Terms Glossary

The phase of a lawsuit where both sides exchange information. Discovery includes written questions (interrogatories), requests for documents (requests for production), requests for admission, and depositions. The purpose is to prevent surprises at trial — both sides should know the key facts and evidence before the case is tried.

Sworn, out-of-court testimony given by a witness and recorded by a court reporter. The witness (called the "deponent") answers questions from the opposing attorney under oath. Depositions are used to lock in testimony, discover facts, and evaluate how a witness will perform at trial. The transcript can be used at trial if the witness's testimony changes.

Written questions sent from one party to another during discovery. The receiving party must answer under oath within a set deadline (typically 30 days). Interrogatories are used to gather basic facts — names of witnesses, descriptions of events, identification of documents, and details of damages claimed.

A motion asking the court to decide a case (or part of it) without a trial. The argument is that there is no genuine dispute about the key facts, and the law requires judgment for the moving party. If the court grants summary judgment, there is no trial on the decided issues. If denied, the case proceeds to trial.

Mediation is a voluntary settlement process where a neutral mediator helps the parties reach an agreement. The mediator does not decide the case — the parties do. Mediation is non-binding unless a settlement is reached and signed.

Arbitration is a private trial before an arbitrator (usually a retired judge or experienced attorney). The arbitrator hears evidence and makes a binding decision. Unlike mediation, the parties typically give up their right to a jury trial and to appeal.

The deadline for filing a lawsuit. If you miss the deadline, your claim is barred — regardless of its merits. Common Oklahoma deadlines:

• Personal injury: 2 years from the date of injury (12 O.S. § 95(A)(3))
• Breach of written contract: 5 years (12 O.S. § 95(A)(1))
• Breach of oral contract: 3 years (12 O.S. § 95(A)(2))
• Section 1983 civil rights: 2 years (borrowing OK personal injury statute)
• EEOC charge: 300 days from the adverse action

The obligation to prove your case. In civil cases, the plaintiff bears the burden of proof — meaning the plaintiff must prove each element of their claims. The defendant does not need to prove innocence or disprove the claims; the defendant needs only to show that the plaintiff has not met their burden.

The standard of proof in most civil cases. It means "more likely than not" — or, put numerically, greater than 50%. This is a much lower standard than the criminal standard ("beyond a reasonable doubt," which is roughly 90–95%). If the evidence tips even slightly in the plaintiff's favor, the plaintiff wins on that issue.

The money a court awards to compensate for harm. There are several types:

• Compensatory damages: Reimburse actual losses — medical bills, lost wages, property damage
• General damages: Compensate for non-economic harm — pain and suffering, emotional distress, loss of enjoyment of life
• Punitive damages: Punish the defendant for particularly egregious conduct and deter similar behavior (not available in all cases)
• Nominal damages: A token amount awarded when a legal right was violated but no substantial harm was proven