Chapter 5: Court Procedures Study Notes
Chapter 5: Court Procedures
Procedural Rules
Definition and Importance
The parties to a lawsuit must comply with the procedural rules of the court where the lawsuit is filed.
Procedural rules have the following characteristics:
Framework for disputes and specify actions at each stage of litigation process.
Significant impact on the ability to pursue legal claims.
Are complex and often vary by court and state.
Federal Rules of Civil Procedure (FRCP)
Overview of the rules controlling procedural matters in civil trials in federal district courts.
Stages of Litigation
The litigation process broadly has three phases:
Pretrial
Trial
Posttrial
Each phase involves specific procedures.
Hiring an Attorney
Initial Steps
Seeking guidance from a licensed attorney is crucial:
Provides advice on expectations and potential outcomes of a lawsuit.
Discusses probability of success at trial and the involved procedures.
Evaluates advantages/disadvantages of different court jurisdictions.
Estimates timing for resolution and associated legal fees.
Types of Attorneys’ Fees
Fixed fees
Hourly fees
Contingency fees
Recovery of Fees
Fees may be recovered or awarded under various rules, including:
English Rule
American Rule
Statutory authorization
Contractual language
Settlement Considerations
The client’s resources (time and funds) affect attorney resource allocation.
The defendant’s ability to pay requested damages is a critical consideration.
Pretrial Procedures
The pretrial litigation process includes:
Filing of pleadings
Gathering of evidence (discovery)
Motion Practice
The Pleadings
Definition
Formal statements detailing facts, allegations, and defenses by the plaintiff and the defendant.
Complaint
Initiates a lawsuit by alleging wrongdoing by the defendant:
Contains:
Jurisdiction: facts establishing subject-matter and personal jurisdiction.
Legal theory: facts establishing plaintiff's claim and basis for relief.
Remedy: amount of relief sought (e.g., damages).
Service of Process
Delivery of the complaint and summons:
Summons: Informs the defendant of the legal action and required response.
Notifies the defendant about potential default judgment for failure to respond.
Default Judgment
Court judgment against a defendant who doesn’t appear to defend against the claim.
Methods of Service
Based on court/jurisdiction rules; may include:
Personal service
Residence delivery
Leave with someone of suitable age
Corporate service to officers or registered agents.
Substitute service if the defendant is evading service, approved by the court.
Answer and Counterclaims
Answer
The defendant’s response including admissions or denials:
Any unaddressed allegations are deemed admitted.
Counterclaim
A claim by the defendant effectively suing the plaintiff:
Terminology:
Counter Plaintiff: the defendant initiating the counterclaim.
Counter Defendant: the original plaintiff responding.
Affirmative Defenses
An affirmative defense does not dispute facts but challenges plaintiff's legal right:
Examples:
Accord and satisfaction
Arbitration and award
Assumptions of risk
Contributory negligence
Duress
Estoppel
Fraud
Illegality
Laches
License
Payment
Release
Res judicata
Statute of frauds
Statute of limitations
Waiver.
Must be affirmatively stated according to FRCP(c).
Dismissals and Judgments Before Trial
Procedural Avenues
Utilize various motions to seek dismissal:
Motion: A procedural request presented by an attorney.
Pretrial Motion: Application for a ruling/order made before trial.
Types of Pretrial Motions
Motion to Dismiss
Asks for dismissal for specified reasons (e.g., lack of personal jurisdiction, failure to state a claim).
Motion to Strike
Requests removal of paragraphs from the complaint.
Motion for More Definite Statement
Requests clarification of vague complaints.
Motion for Judgment on the Pleadings
Requests a judgment based on pleadings when no facts are in dispute.
Motion to Compel Discovery
Forces compliance with discovery requests.
Motion for Summary Judgment
Seeks a judgment without trial when no facts are in dispute.
Discovery Phase
Definition
Discovery allows parties to obtain information prior to trial to prevent surprises.
Relevant Information Rule: Only discoverable if relevant or likely to lead to discoverable facts.
Types of Discovery
Depositions
Testimony under oath before trial, used for follow-up questioning and to assess witnesses.
Interrogatories
Written questions answered under oath, directed to lawsuit parties.
Requests for Admissions
Written requests to admit facts, conclusively established.
Requests for Documents, Objects, and Entry
Allows access to inspect documents or premises.
Requests for Examinations
Independent examination of physical/mental conditions if at issue.
Electronic Discovery
E-Evidence: Includes electronically recorded information such as emails and social media posts.
Metadata: Information automatically recorded regarding file creation and access.
Advantages and Disadvantages of electronic discovery:
Advantages: Easier to access and track complex data.
Disadvantages: Time-consuming, expensive, and risk of spoliation.
Pretrial Conference
Meeting to discuss potential settlements and trial course.
Topics discussed include trial duration, witnesses, and jury instructions.
Right to a Jury Trial
Seventh Amendment (U.S. Constitution) guarantees a jury trial in civil cases exceeding $20.
Types of Trials:
Bench Trial: Judge decides all questions of fact and law.
Jury Trial: Judge decides questions of law, jury decides facts.
Jury Selection
Voir Dire: Process of questioning prospective jurors for bias.
Removal of Jurors: Can be for cause (bias) or peremptorily (without reason).
Cannot discriminate based on race or gender.
The Trial Phase
Governing rules and procedures include evidence admissibility and conduct.
Opening Statements
Brief statements made to the jury by attorneys summarizing facts and evidence, not arguments.
Rules of Evidence
Types of rules governing admissibility:
Rule 401: Evidence is relevant if it makes a fact more likely to be true and that fact is significant.
Hearsay Rule: Oral/written statements made outside court are usually inadmissible unless exceptions apply.
Examination of Witnesses
Direct Examination: Conducted by the attorney who called the witness.
Cross-Examination: Conducted by the opposing attorney.
Redirect Examination: Further questioning by the initial attorney.
Expert Witnesses: Qualified experts can provide opinions based on their expertise as defined under Rule 702.
Possible Motions During Trial
Motion for Judgment as a Matter of Law: Request for judgment based on insufficient evidence, also known as directed verdict.
Defendant’s Case: The defendant presents evidence and can be cross-examined, with possible rebuttals.
Closing Arguments and Verdict
Closing Arguments
Summary of case facts presented during trial.
Jury Instructions
Juries instructed on the proof standard:
Civil Cases: Preponderance of evidence.
Criminal Trials: Beyond a reasonable doubt.
Verdict
Jury reaches decision; may specify findings and award amounts.
Posttrial Motions
After verdict, parties may file posttrial motions:
Motion for New Trial: Asserts trial errors necessitate a new trial.
Motion for Judgment N.O.V.: Requests judgment despite jury verdict if unreasonable.
The Appeal Process
Parties may appeal rulings on motions or verdicts with grounds for legal error.
Filing Appeal: Appellant files notice; may involve briefs.
Options for Appellate Review:
Affirmation of trial court decision.
Reversal or remand for further proceedings.
Modification of lower court decisions (e.g., adjustment of damages).
Higher Appellate Courts
Appeals may progress to the state’s highest court for further review.
Enforcing the Judgment
Judgment enforceability issues, e.g., the inability of the losing party to pay. Methods include:
Writ of Execution: Directing property seizure to enforce judgment.
Conclusion
Overall, understanding court procedures—from pretrial to posttrial—is critical in civil litigation, emphasizing compliance with procedural rules and the strategic handling of cases throughout the litigation process.