Types of Civil Papers

Affidavit and Order in Supplementary Proceedings:

This is an order by which a judgment debtor has been required to appear before the court concerning property and assets.

Domestic Abuse Orders for Protection (O.F.P.):

An Order for Protection (O.F.P.) is a court order. It orders the abuser not to hurt the victim. It can also make the abuser leave the victim’s home or have contact with the victim. If the abuser violates the Order for Protection, call the police. Violating an Order for Protection is a misdemeanor crime and the violator can be arrested. This order differs from the Harassment Restraining Order in that the O.F.P. stems from a domestic relationship of some type.

Harassment Restraining Order:

A Harassment Restraining Order is a court order. It provides protection from harassment similar to a Domestic Abuse Order for Protection. However, it differs in that it usually stems from a harassment type situation; the parties involved do not have to be related. It orders the offender not to commit harassment. The court can order the harasser to leave the victim alone and have no further contact with him/her. This can include telephone calls, letters, and emails.

Motions:

A motion is an application to the court for an order.

Notice of Condemnation:

Condemnation is public taking of private or real property without the owner’s consent (Eminent Domain).

Order to Show Cause:

An order is a command from the court requiring or prohibiting some action. They carry out the courts decision on a matter.

Subpoenas:

A witness is required to appear in a court concerning a civil or criminal matter.

Summons:

This is a notice to the defendant that an action has been brought against him/her. The deputy is acting as an agent for a private/corporate litigant.

Summons and Complaint in Eviction Actions or an Unlawful Detainer:

An eviction action (SCUD) is used when a landlord is attempting to terminate tenancy and have the property vacated. This usually occurs when rent is overdue. In the event the defendant cannot be found in the county, the Sheriff must issue an “unable to serve” affidavit indicating the service was attempted on at least two different days, one of which has to be made between 6:00 PM and 10:00 PM. After the second attempt, service can be posted.

Writ of Recovery and Order to Vacate:

This is a writ and order issued after the plaintiff has won a judgment in an eviction action. It empowers the deputy to remove the defendant and their property and restore possession of the premises to the plaintiff in the proceeding.