Policy Glossary

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Exhibit

Any document, transcript, written communication or other tangible item which is submitted to the court as evidence in conjunction with a legal pleading in a legal matter.

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Indigent

An incarcerated individual who has less than a $25 balance of disposable income in any of the individual's trust fund accounts on the day a request is made to use funds and during the 30 days previous to the request.

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Legal Materials

Material determined to be: 1. Legal reference books/transcripts or papers obtain from sources outside the Department or Corrections and through authorized channels; 2. Legal reference books and other materials obtained by means of loan through the facility/state library system; 3. Copies of legal briefs, petitions, transcripts, or reference-book excerpts related to cases other than the offender's case; and 4. Personal research notes.

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Legal Matter

Any proceeding before any court or administrative body which:
1. Challenges the legality of a conviction or confinement imposed by a court.
2. Challenges any sentence or duration of confinement imposed by a court or administrative body (i.e., Indeterminate Sentence Review Board);
3. Seeks redress in equity or law for the conditions under which the offender is confined;
4. Claims violation of constitutional rights or civil liberties; or
5. Asserts any recognized legal claim at law or equity against any authority, entity, or person.

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Legal Pleadings

Documents and/or exhibits that the offender is submitting to a court of law in a civil rights action, whether in state or federal court, a habeas corpus action, and direct appeals of criminal convictions. Documents essential to the formal discovery process relating to a civil rights action, whether in state or federal court, a habeas corpus action, and direct appeals or criminal convictions, including requests and response to interrogatories, requests for production of documents, and requests for admissions.

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Personal Legal Documents/Papers

Includes items essential to the preparation of formal legal pleadings such as:
1. All handwritten/typewritten drafts of pending briefs or petitions;
2. Materials that the offender intends to include in the completed pleading to the court;
3. Copies of formal discovery documents relating to pending litigation including transcripts of depositions and verbatim court proceedings.
4. Copies of completed and signed complaints, petitions, motions, or briefs which have been filed with the court and are pending a court decisions or order;
5. Any item of legal mail previously received through any prison facility mail procedure and relating to a pending legal pleading.

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Primary Law Library

Will contain legal research materials consistent with the guidelines established by the American Association of Law Libraries for Prisons and Located at designated facilities.

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Satellite Law Library

An abbreviated collection of legal reference materials located at designated minimum security facilities, intensive management units, long-term segregation units, and/or special housing units.

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