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Glossary


Waiver
A form signed before a judge in which a defendant voluntarily submits to pickup by a foreign jurisdiction waiving his/her rights as guaranteed under the Constitution.
Waiver of immunity
A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.
Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.
Will
A legal declaration that disposes of a person’s property when that person dies.
With prejudice
Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.
Withhold adjudication
The judge withholds a judgment of guilt.
Without prejudice
A claim or cause dismissed without prejudice may be the subject of a new lawsuit.
Witness
A person who testifies to what he/she has seen, heard, or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will
Writ
A judicial order directing a person to do something.
Writ of attachment
A writ of the court ordering the sheriff to seize or hold a person or property and bring same before the court.
Writ of certiorari
An order by the appellate court used when the court has the discretion on whether or not to hear an appeal.
Writ of habeas corpus ad prosequendum
A writ of the court ordering that a defendant be brought before the court to testify.
Writ of habeas corpus ad testificandum
A writ of the court ordering that a prisoner be brought before the court to testify.
Writ of mandamus
A writ to compel performance of one’s responsibilities as set forth by law.
Written plea of not guilty
A defendant’s plea in writing to the court. In the felony court, this plea may only be filed by counsel.