the process of bringing, maintaining and defending a lawsuit
Pretrial Litigation Process
pleadings
discovery
dismissals
pretrial judgments, and settlement conference.
Pleading
Includes:
Complaint: initiates lawsuit and it is done by the plaintiff
Summons: a court order directing the defendant to appear in court and answer the complaint (serving)
Answer: the defendant answers the summons by admitting/denying the claims made against them to the court.
Default judgement
pretrial litgation process where the defendant doesnt answer an all the plaintiff has to prove is damages
Affirmative defenses
claiming self defense if the plaintiff was hurt or the statue of limitation (time to hear the case) has expired
Cross-complaint and reply
part of pretrial litigation where defendant believes he/she has been injured by the plantiff and files a claim against them. the planitiff must reply to the cross complaint
COnsolidation
court combines two or more separate lawsuits into one lawsuit.
air plane crash mulitple people injured take all claims put them into one suit.
Statute of Limitations
period of time in which plaintiff must bring a lawsuit against a defendant to sue. Statrs righ after alleged accident occured .
Discovery
legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses before the trial:
witness list
deposition
production of doc
Interrogatories
Deposition
Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.
Interrogatories
Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.
Production of Documents
A request by one party to another party to produce all documents relevant to the case prior to the trial.
Settlement conference
a hearing before a trial in order to facilitate the settlement of a case, pretrial hearing
Trial
Jury Selection
Opening Statements
Plaintiffs Case
Defendants Case
Rebuttal and Rejoinder
Closing Arguments
Jury instructions
Jury Deliberation/Verdict
Entry of Judgement
Appeal
only defendant can file an appeal in a criminal case. A notice of appeal must be filed within a prescribed time after judgment (60 or 90 days)
they do not review whole case just all areas judge makes a mistake
ex: objections
Jury instructions
if you dont have a doubt guilty
if you do have a doubt not guilty
75 % people say guilty than defendant is liable
Alternative Dispute Resolution
1.) Arbitration
2.) Mediator
3.) Mini trial
Arbitration
expert in subject matter helps decide the case only takes a day or two. If you lose can appeal in court (much cheaper)
Mediator
where use a neutral 3rd party to propose settlement of dispute. Do not make binding decisions
Mini trial
a way to see if client would win case small mock trial if doesn't win several mini trials, client should settle.