Here are ten forms and/or documents worth knowing about. Some are fairly straightforward, while others require the experience of an attorney (or at least it’s highly recommended). We try to explain things in a way that makes sense, without using legalese, but always let us know if you have any questions.
- Affidavit. An affidavit is a sworn statement. It’s like testifying in court, except on paper. When you sign an affidavit, you are swearing, under oath, that the statement is true and accurate.
- Answer. An answer is a response to a lawsuit. A plaintiff sues someone by filing a complaint, or lawsuit, in court. Then, the defendant has a certain amount of time to respond by filing an answer. There are rules for what must be included in an answer.
- Judgment. A judgment is the decision by a judge and often an order instructing someone to do something, or not do something. For example, it might order one party to pay damages to the other, or declare the rightful owner in a property dispute.
- Letter of intent. A letter of intent is often used in anticipation of a large transaction, such as when one business is buying another. A letter doesn’t guarantee that the deal will go through, but it shows that the parties are serious. It might include a timeline or other details.
- Notice of appeal. If you lose in court, you have the right to appeal in most cases. However, there are rules and procedures that need to be followed. One of the first is filing a notice of appeal. It’s not necessarily a complicated document, but it must be filed by a certain deadline or you lose your chance to bring the appeal.
- Promissory note. A promissory note is a promise to pay. It states who owes whom, how much, and when and how it will be paid. Promissory notes can be enforced, meaning if someone doesn’t hold up their end of the bargain, they can be sued.
- Small estate affidavit. As mentioned above, an affidavit is a sworn statement. In this situation, it’s used to establish that an estate is small enough to avoid probate. Small estates do not have to go though as intense of a process as larger estates, and the affidavit shows the court that it falls into this category.
- Subpoena. A subpoena requires someone to appear in court. They are routinely used to call witnesses in to testify. Some subpoenas require a person to produce certain documents. This type is called a subpoena duces tecum.
- Waiver. When you sign a waiver, you are signing away rights. Usually, it’s your right to sue. In some cases, these documents aren’t valid, meaning you can still sue despite signing one. For example, if you sign a waiver before participating in a dangerous activity, you can still sue if you were injured because of someone’s negligence.
- Will. Most people know what a will is, but might not know that there are legal requirements. It must be written, signed by the person making the will, and signed by two witnesses. The person must be 18 years old and of sound mind. We caution against form wills you find online. Courts won’t follow an invalid will; your property will be distributed as if you didn’t have a will at all.
If you have a question about a legal term or document you don’t see here, check our legal dictionary.
