Chapter 5 - Court Procedures Overview

Procedural Rules

Regulations governing court processes in lawsuits.

Federal Rules of Civil Procedure

The rules controlling procedural matters in civil trials brought before the federal district courts.

Stages in a Typical Lawsuit

Sequence from incident to potential appeal.

Pretrial Procedures

Pretrial litigation process involves:

1. filing of the pleadings

2. gathering of evidence (discovery)

3. other procedures (such as pretrial conference, jury selection)

Hiring an attorney

the first step taken by almost anyone contemplating a lawsuit is to seek the guidance of a licensed attorney

Attorney-Client Privilege

Confidentiality of communications between attorney and client.

Exception to Privilege

Lawyer may disclose info to prevent a crime.

Pleadings

Formal statements made by the plaintiff and the defendant in a lawsuit that detail the facts, allegations, and defenses involved in the litigation

Complaint

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.

Jurisdiction

facts showing that the particular court has subject-matter and personal jursidiction

Legal Theory

The facts establishing the plaintiff's claim and basis for relief

Remedy

the remedy, such as an amount of damages, that the plaintiff is seeking

Service of Process

before the lawsuit can begin, the plaintiff must deliver, or serve, a copy of the complaint and a sumons

Personal Service

Officer of the court hands lawsuit to Defendant

Residential Service

leaving a copy of the summons at the defendants usual place of abode with someone that the statue is sufficient

Service by Mail

publish in a newspaper and send a letter (certified)

Corporate Service

Personal Service on President or agent of a company

Defendant's Attorney

Legal representative for the party being sued.

Summons

A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint

Default judgment

a judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim

Answer

procedurally, a defendant's response to plaintiff's complaint.

Affirmative defense

Response attacking plaintiff's legal right, not facts.

Counterclaim

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

Motion

A procedural request or application presented by an attorney to the court on behalf of a client.

Pretrial motion

A written or oral application to a court for a ruling or order, made before trial.

Motion to dismiss

A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.

Motion for judgment on the pleadings

Request for court decision based on pleadings only without proceeding to trial

Motion for summary judgment

Request for judgment without trial proceedings.

Affidavit

Voluntary statement of facts confirmed under oath.

Discovery

Phase for obtaining information before trial.

Deposition

Testimony taken under oath before trial.

Interrogatories

Written questions answered under oath by a party.

Requests for admissions

Written request for admission of truth in matters.

Document Requests

Access to inspect documents not in possession.

requests for examinations

Court-ordered physical or mental examination.

Electronic Discovery

Obtaining electronic data compilations in litigation.

E-evidence

Computer-generated or electronically recorded information.

Metadata

Data about file creation and access history.

Pretrial Conference

Meeting between attorneys and judge before trial.

Jury Selection

Process of selecting jurors for a trial.

Voir Dire

Jury-selection process involving questioning jurors.

Opening Statement

Initial statement to jury before evidence presentation.

Rules of Evidence

Governing rules for admissibility of evidence.

Relevant Evidence

Evidence affecting the probability of a fact.

Hearsay

Out-of-court statement offered to prove truth.

Direct Examination

Witness examination by the calling attorney.

Cross Examination

Questioning of opposing witness during trial.

Judgment as a Matter of Law

Request for judgment before jury deliberation.

Rebuttal

Refutation of evidence from the opposing party.

Rejoinder

Defendant's response to plaintiff's rebuttal.

Closing Argument

Final argument after both parties rest cases.

Verdict

Formal decision made by a jury.

Post Trial Motion

Motion made after jury's verdict.

Motion for New Trial

Request for retrial due to trial flaws.

Motion for Judgment N.O.V

Request for judgment despite jury's verdict.

Answering Brief

Response filed by the appellee in appeal.

Court of Appeals

Reviews trial court decisions for legal errors.

Reverse

Overturn trial court's judgment.

Remand

Send case back for further proceedings.

Modify

Change lower court's decision.

Writ of Execution

Order directing seizure of debtor's property.

complaint contains statements concerning:

- jurisdiction

- legal theory

- remedy

affirm

To declare that a court ruling is valid and must stand.