Chapter 5 - Court Procedure

Rules or procedures  

• Created by the legislature and/or the courts 

• Protect constitutional guarantees and facilitate court system 

• Govern the conduct of the parties during the litigation process 

• Outlines the procedures of the courts 

Pleadings – complaint, summon and answer 

The plaintiff fills a complaint to begin a lawsuit 

• Outlines jurisdiction, sets forth facts and establish the P’s legal claim, and demands relief 

Service of Process 

• Procedure rules require that the complaint and summons be served on the defendant by a sheriff or process server 

• Satisfies due process 

Corporation

Service on a corporate officer or the registered agent 

Defendant’s Answer

• D respond by admitting or denying allegations 

• Allegations not denied by D will be deemed by the court to be admitted 

• Can include legal defenses 

• Affirmative defenses- can bar P from recovery ---e.g. statute of limitations contributory negligence 

•    Can raise a counter-claim ---a lawsuit filed by D against the P 

• Only appropriate when the D has a claim against the P that arises out of the same set of events that gave rise to the P’s claim 

Pre-Trial Motions: 

• Pre –rial motion a request to the court for some specific action 

• Motion to Dismiss – request that the case be dismissed for a specified reason 

-If the complaint failed to state claim 

-Lack of personal jurisdiction or subject matter jurisdiction 

•       Motion for summary judgment – moving party (the one who files the motion) asserts that there are no disputes as to the factual issues 

• Party is seeking a judgment in their favor 

• Should not be granted if there is a genuine issue of material fact 

• Usually supported by an affidavit (sworn statement)