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Legal Terms Glossary

Courts of Saskatchewan

Courts of Saskatchewan

Legal Glossary

Court Resources

Saskatchewan Coat Of Arms
  • accused 
    a person who is charged with an offence
  • acquittal
    A finding of not guilty in a criminal case.
  • act
    a law passed by Parliament or a provincial legislature; also called a statute
  • adjournments
    A temporary postponement of a court hearing
  • affidavits
    A statement written and sworn to be true before a notary public or a commissioner for oaths
  • affirmation 
    a non-religious oath given before testifying or signing an affidavit
  • appeal allowed 
    the Court has decided or ruled in favour of the appellant
  • appeal book
    A bound book that must be filed by an appellant containing material that was in front of the lower court, such as pleadings, affidavits or transcript and exhibits, as well as the decision being appealed and the notice of appeal.
  • appeal dismissed
    the Court has decided or ruled in favour of the respondent and against the appellant
  • appearance notice
    A form issued by a police officer requiring the appearance of an accused to answer to a charge; it outlines the date, time and location of court
  • appellant
    the person who brings an appeal
  • application for leave to appeal
    the procedure for requesting the Court's permission to hear an appeal
  • book of authorities
    a book of photocopies of decisions of other courts or tribunals, relied upon in a written argument or factum, and put together by the appellant, or respondent, separately or jointly, and filed with the Court
  • case law
    Law developed by judges through decisions of courts and similar tribunals (as opposed to statutes adopted through the legislative process); also known as common law
  • chambers
    a type of hearing that differs from a full trial; usually deals with procedural issues that come up as a court case progresses
  • civil rules
    Rules governing practices or procedures before the court on civil appeals. you can find the civil rules here.
  • common law
    law developed by judges through decisions of courts and similar tribunals (as opposed to statutes adopted through the legislative process); also known as case law
  • court of record
    a court whose proceedings are recorded
  • cross-appeal
    an appeal filed by a respondent if the respondent decides to commence his or her own appeal against the appellant
  • damages
    monetary compensation for financial or property losses, emotional or physical injuries, loss of earnings and cost of care
  • date of judgment
    Most appeals must be launched within 30 days after the date of the judgment or order being appealed. The date of the judgment or order means: a. the date of filing written reasons for judgment or fiat with the registrar, local registrar or chambers clerk of the lower court; or b. where the judgment or order has been pronounced in court or chambers with no provision for written reasons to follow, the date of the oral pronouncement.
  • defendant
    The individual, company, or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action
  • election
    a person charged with having committed an indictable offence (except treason and murder) may elect (choose) to be tried by a Provincial Court judge, a Queen’s Bench judge alone or a Queen’s Bench judge and jury
  • exhibit
    Physical evidence that was relied upon by a court or tribunal, such as documents, photographs, etc.
  • exhibits
    Physical evidence that was relied upon by a court or tribunal, such as documents, photographs, etc.
  • expedited appeal
    An appeal from a judgment in chambers or after trial where no oral evidence was led, an appeal from a judgment relating to the custody of a child or dependent adult or any other appeal that the court or a judge orders to be treated as an expedited appeal. An expedited appeal has different timelines than an appeal.
  • factum
    a statement of facts and an outline of the legal argument submitted to the Court of Appeal; a person representing himself or herself does not file a factum, as such, but files a written argument in civil matters
  • indictable offences
    A more serious criminal charge that carries a higher penalty as compared to a summary offence
  • indictable offence
    A more serious criminal charge that carries a higher penalty as compared to a summary offence
  • indictable offence
    A more serious criminal charge that carries a higher penalty as compared to a summary offence
  • interlocutory
    Interlocutory” refers to a decision or order that is not final. It is an incidental or procedural decision or order on a matter that arises after the commencement of a proceeding and before its conclusion.
  • interlocutory order
    generally an order made by the Queen's Bench either in chambers for that Court or during the trial which does not finally determine the matter in dispute
  • judgment
    the decision of the Court; a judgment may be in writing or given orally in court
  • judgment registry
    A single, searchable public registry managed by ISC where all judgments eligible for enforcement in Saskatchewan can be registered
  • judgment reserved
    when the decision of the Court is not given at the hearing, but issued on a future date
  • letters of administration
    A court order that is granted when the deceased person died without a will that proves the authority of the person or persons named therein to deal with the property of the deceased person
  • letters probate
    A court order that is granted when the deceased person left a will and named an executor and that proves the authority of the person or persons named therein to deal with the property of the deceased person
  • lower court
    The court that made the decision that is being appealed – usually the Court of Queen’s Bench for Saskatchewan but occasionally the Provincial Court of Saskatchewan.
  • motion
    an application to the Court for an order or judgment during the course of a court proceeding, brought by notice to the other side and supported by an affidavit
  • notice of appeal
    The form completed by the appellant to start the appeal process.
  • panel
    When referring to a panel of the Court of Appeal, the judges (usually three) of the court who hear an appeal.
  • perfection
    A perfected appeal is one that is ready to be scheduled for hearing. a civil appeal is perfected when the last factum is filed.
  • Plaintiff
    The person who brings a case against another in a court of law
  • preliminary hearing
    A hearing before a Provincial Court Judge to decide whether there is sufficient evidence for the accused to go to trial; a preliminary hearing only takes place where the accused is charged with an indictable offence and chooses to be tried by a judge or judge and jury of the Court of Queen’s Bench; also known as a preliminary inquiry
  • preliminary inquiry
    A hearing before a Provincial Court judge to decide whether there is sufficient evidence for the accused to go to trial; a preliminary inquiry only takes place where the accused is charged with an indictable offence and chooses to be tried by a judge or judge and jury of the Court of Queen’s Bench; also known as a preliminary hearing
  • probations
    a punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to a probation officer regularly and according to a set schedule.
  • probation
    A punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to a probation officer regularly and according to a set schedule
  • puisne
    a regular judge of the Court, as distinguished from the Chief Judge or Justice
  • registry office
    The office where documents are filed with the court.
  • relief
    the remedy being sought before the Court
  • reserved decision
    A decision that is not given immediately after a case is argued but which is kept under consideration by a judge or panel until a later date when a written decision is provided.
  • reserved judgment
    when the decision of the Court is not given at the hearing but issued on a future date
  • respondent
    person against whom an appeal is brought and who must respond to the appellant's case, or the person who responds to an application by an applicant
  • Rules of Court
    the rules of procedure that govern all proceedings before the Courts; each Court has its own rules of procedure
  • serve or service
    the official delivery of legal documents to another party in the proceeding
  • setting down
    the setting of the hearing date
  • sittings of the Court
    the weeks of each month when the Court is hearing cases or appeals or "sitting" in Court
  • stay of execution
    To postpone the enforcement of a judgment or order pending a decision of the court of appeal.
  • subpoenas
    a document issued under the authority of a court to compel the appearance of a witness
  • subpoena
    a document issued under the authority of a court to compel the appearance of a witness
  • summary conviction offence
    An offence of a less serious nature and carrying a lesser penalty than an indictable offence
  • summary offence
    an offence of a less serious nature and carrying a lesser penalty than an indictable offence
  • summons
    an order requiring an accused to appear in court to answer to a charge; the summons outlines the date, time and location of the court appearance
  • supernumerary
    Under The Judges Act, a judge who has been in office for at least 15 years and has combined age and years of judicial service of not less than 80 may elect to hold office as a supernumerary judge and thereby hear a reduced number of trials or appeals.
  • supernumerary judge
    under The Judges Act, a judge who has been in office for at least 15 years and has combined age and years of judicial service of not less than 80 may elect to hold office as a supernumerary judge and thereby hear a reduced number of trials or appeals.
  • transcript
    a typed recording of the proceedings of the court or tribunal
  • tribunal
    the name given to a decision–making body established by statute which is not a court; examples include the Law Society of Saskatchewan and the Workers' Compensation Board
  • witness
    a person who gives evidence in a case
  • written argument
    A document, which is no longer than 15 pages, that explains what your appeal is about if you are the appellant or that responds to the appeal if you are the respondent
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