Glossary

Federal civil rights law prohibiting discrimination against people with disabilities. Title II applies to state and local government services, including courts — meaning a court must provide reasonable accommodations and cannot retaliate against a person for requesting them.

The Minnesota state office that represents state interests in civil litigation, including suits naming state judicial officers.

A signed statement attesting that court papers were properly delivered to opposing parties on a given date. Required for due process; a missing or false certificate can void subsequent proceedings.

A doctrine that bars a party from re-litigating an issue that has already been decided in a prior proceeding between the same parties. Requires that the issue was actually litigated, actually decided, and necessary to the prior judgment.

A finding that a person has willfully disobeyed a court order or disrespected the court. Sanctions can include fines, additional orders, or jail. Civil contempt is coercive; criminal contempt is punitive.

A Minnesota civil order combining elements of an OFP and an HRO. Issued in the same family-court calendar.

The federal trial court covering the entire state of Minnesota. Appeals from this court go to the Eighth Circuit.

A ruling entered against a party who fails to respond to a complaint within the deadline set by the rules of procedure. The non-responding party loses without trial.

In Minnesota, a constitutionally established trial-court judge, either elected or appointed by the Governor. Sits above referees in the judicial hierarchy and is the official whose signature makes a referee's recommended order final.

Constitutional guarantee (Fifth and Fourteenth Amendments) that government cannot deprive a person of life, liberty, or property without notice, an opportunity to be heard, and a fair decision-maker. The structural argument underlying most of this litigation.

The federal court of appeals covering Minnesota, Iowa, Missouri, Arkansas, Nebraska, North Dakota, and South Dakota. Hears appeals from D. Minn.

Court permission to proceed without paying filing fees, granted to litigants whose income is below statutory thresholds. Waivers are typically renewable as long as financial circumstances persist.

A Minnesota civil order restricting one party from contacting or being near another. Distinct from a criminal protective order. Heard on the family-court HRO calendar by a referee, with district-judge countersignature making the order effective. Carries firearm prohibitions and other collateral consequences.

Latin: "in the manner of a pauper." The technical name for fee-waived status. See Fee waiver.

A simplified appellate brief format that the Minnesota Court of Appeals allows for pro se litigants. Lower formal requirements; same substantive review.

The Minnesota disciplinary body that investigates attorney-misconduct complaints and recommends discipline to the state supreme court.

The public-facing case-lookup system maintained by the Minnesota Judicial Branch. Labeled "informational only" — explicitly disclaimed as not the official record.

A written legal argument filed in support of or in opposition to a motion. Contains the party's legal authorities, factual narrative, and conclusion. Often called simply a "memo" or a "brief."

Municipal liability under 42 U.S.C. § 1983, established in Monell v. Department of Social Services (1978). To prevail, a plaintiff must show that a municipality's policy, custom, or practice caused a constitutional injury. A municipality is not vicariously liable for its employees' acts under § 1983 — there must be a policy-level defect.

A pretrial request to throw out a complaint without further proceedings. Typically argues that even if all facts pleaded are true, the law affords no remedy.

A request to set aside a court order or judgment, usually based on procedural defect, newly discovered evidence, or fraud on the court.

A short filing by an attorney indicating that they now represent a party. Required before counsel can act on behalf of a party in the case.

A Minnesota civil order protecting a victim of domestic abuse from an intimate partner or household member. Distinct from an HRO, which is broader and not limited to domestic relationships.

The Minnesota legislative-branch oversight body that audits state agencies and reports findings to the legislature. Investigations are public-record.

An investigative methodology using only publicly available information — court records, news archives, social media, public filings, satellite imagery, etc. — to assemble verifiable conclusions. Distinct from classified or covert intelligence work because every source is independently auditable.

Latin: "for himself/herself." A litigant who represents themselves without an attorney. Federal courts and most state courts allow it; pro se parties are held to the same procedural rules as represented parties, though courts often construe their filings liberally.

A judge stepping aside from a case due to conflict of interest, bias, or other prohibitive reason. Can be self-initiated or in response to a motion. Once recused, the judge is replaced by another from the same district.

A quasi-judicial officer appointed to hear specific kinds of matters (HRO, OFP, family, juvenile-protection) and issue recommended orders subject to district-judge approval. Lower in the hierarchy than a district judge. A referee's order is not effective until a district judge signs it.

The chronological log of every filing, hearing, and event in a court case. In a well-functioning system, the ROA is a stable, append-only record of what happened, in the order it happened.

The Reconstruction-era federal civil-rights statute that creates a private right of action against any "person" who, "under color of" state law, deprives someone of federal constitutional or statutory rights. Municipalities count as "persons" under § 1983, subject to the Monell requirements.

The formal delivery of court papers to a party so they have notice of the action. The rules of civil procedure prescribe what counts as proper service. Improper service can invalidate subsequent proceedings.

Latin: "of its own accord." A court acting on its own initiative, without a party's motion. Sua sponte rulings are constrained — a court generally cannot decide an issue no one has raised, and sua sponte dismissals require particular care.

A brief filed in response to a reply. Not a matter of right — usually requires the court's permission and is granted when the reply raised new arguments the responding party hasn't had a chance to address.

Emergency injunctive relief, usually short-term, intended to preserve the status quo until a preliminary-injunction hearing can be held.

The case-management software (made by Tyler Technologies) used by Minnesota state courts — and many other jurisdictions nationwide. Generates both the public-facing MCRO view and the internal attorney-facing exports.