Chapter 5 - Court Procedures

Stages of civil litigation

• Hiring attorney

• Fees

• Settle or litigate

Plaintiff’s civil complaint

• Statement of jurisdiction

• Subject matter jurisdiction

• Personal jurisdiction

• Statement of legal theory (s)

• Remedy Service of Process (summons)

  • What do you want if you win? Money damages?

  • Compensatory damages

• Waiver

Defendant’s Response to complaint

• Filing an answer

• Admit or deny claims

  • If you admit → case is over

• Affirmative defenses

• Counterclaims

• Filings of motions

  • Summary judgement (before trial) (resolve lawsuit before trial)

• Motion for more definite statement

• motion to strike

Motions before Filing Answer

• Filing of dispositive motions

• Motions on pleadings

• Motion to dismiss

• Motion for summary judgment

Discovery & Pretrial motions

• Interrogations

  • 25-30 questions, who are witnesses, what do they have to say? Court costs, fees

• Depositions

  • Call you as witness, other lawyers ask you questions

  • Pre-trial examination 

• Request for admissions

• Electronic discovery

• Dispositive motions

Pretrial conference and trial

• Limiting issues

• Inquire on settlement

Types of evidence

• Direct & circumstantial evidence

  • Nobody saw it, but based on certain circumstances, they can ascertain what happened

• Witnesses – Lay and experts

  • Expert witnesses – testifying to a complicated thing (doctors, science, professionals)

• Rules of evidence

  • All evidence has to be relevant

  • Has to prove or disprove

• Objections and persevering appeal rights

  • Disdain and 

Trail (bench or jury)

• Opening statements

• Plaintiff;s case-in-chief

• Examination of witnesses (lay and expert)

• Directed verdict

• Defendants case in chief

• Opening statement (if delayed)

• Examination of witnesses (lay and expert)