Department of Corrections and Rehabilitation - Operations Manual

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Chapter 1 – General Administration

Article 18 – Legal Matters

Revised November 4, 2008

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14010.3 Definitions

  • Civil Action

    • An action brought to recover some civil right, or to obtain redress for a wrong, which is not a crime.

  • Complaint

    • A legal document setting forth the alleged charge or cause of action. It notifies the defendant that an alleged charge or cause of action has been filed.

  • Criminal Action

    • An action prosecuted by State or Federal agencies as a party against a person for the purpose of either preventing the commission of a crime, or for fixing the guilt for a crime already committed and punishing the offender.

  • Legal Process

    • As used in this Section, legal process is a generic term that refers to all lawful proceedings and the documents used in those proceedings. This includes writs, applications for writs, summons and complaints, orders to show cause, etc. It does not include subpoenas as they are described separately.

  • Personal Service

    • The delivery of legal process to a party, either a person or the Department, or a designee authorized to receive such service.

  • Subpoena

    • A means of legal process compelling a witness to appear and give testimony at the time, date, and place specified.

  • Subpoena Duces Tecum

    • A means of legal process compelling the keeper of a record, document, or file to make the record, document, or file available for examination at the time, date, and place specified.

  • Substituted Service

    • The delivery of legal process by any legal means other than personal service.

  • Summons

    • A legal document which, when properly served, gives the court jurisdiction over a defendant, and orders a defendant to appear in court at the time, date, and place specified to answer a complaint.

  • Writ

    • A written order issued by a court, commanding the party to whom it is addressed to perform or cease performing some specified act. A party seeking a writ must file a petition for a writ before the court can issue the writ. A petition for a writ is frequently, but inappropriately, referred to as a writ.