Ottawa County Legal Self-Help Center

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R

REAL PROPERTY
Land and generally whatever is built on it, is growing on it, or is attached to it.
REALTY
Another term for real property.
RECESS
A break in the trial; a short time set by the judge when those in court, including the jury, may leave the courtroom.
RECONCILIATION
When a couple in a divorce case try to work things out and want the court to temporarily not enforce the orders that were entered in the case.
RECORD
The word for word (verbatim) account (the transcript) by the official court reporter/recorder of all proceedings at the trial. Or, all the papers and evidence that have been filed with the court plus the transcripts of any proceedings.
RECUSE
The process by which a judge is disqualified or excused from hearing a case because he or she has a conflict of interest [either the judge cannot be fair or it looks like the judge cannot be fair]. For example, the judge may have a financial interest in one of the parties or have a close relationship with one of the parties. The judge can recuse him or herself on his or her own motion or if one of the parties in the case objects to him or her hearing the case.
REFEREE
A person who works for the court, takes testimony from parties, and reports back to the judge in domestic relations, juvenile delinquency, designated proceedings involving juveniles, and child protective proceedings.
REFERRAL
Referral to a protective service.
REMAND
To send a case back to the court from which it came for more proceedings.
REMITTITUR
A court order that reduces the amount of damages the jury awarded because the judge decides it was too much.
REPLEVIN
A civil action to get back property someone has unlawfully taken or kept and money to pay for damage the taking or keeping caused. It is also known as an action for claim and delivery.
RESCISSION
The unmaking or undoing of a contract; repeal.
RES JUDICATA
Latin meaning, "a matter judged" or "a thing decided." A rule that a once a court has made a final decision about an issue in a case it cannot be tried again in another case.
RESIDENCE
The place where you live now. It does not have to be your permanent home as is the case with "domicile."
RESIDUE
The part of an estate that's left after all the debts are paid and specific gifts are given.
RESPONDENT
A party against whom a petition or motion is filed in the course of a lawsuit, similar to a defendant. In some courts, the person against whom an appeal is made.
RESTITUTION
In general, the act of restoring a person to the economic position he or she was in before the crime or wrong. In criminal cases, a defendant found guilty must pay the crime victim for the damages the crime caused (for example, the value of the item stolen and not returned or the cost to repair property damaged during the crime).
RETURN
A report by a court officer that says how he or she served the process (notice) or order of the court; in terms of a search warrant, the report by police to the court explaining what they found and took from the place they searched.
REVERSE
To set aside or void a judgment on appeal.
REVOCATION OF WILL
To "revoke" or cancel an existing will or make it of no effect by some later act that shows you don't want the will to be in effect anymore. The testator, or the person who made the will, is the only person who can revoke a will.
RIGHT OF REPRESENTATION
See PER STIRPES.