Court Procedures
Chapter 3
Introduction
• American and English court systems follow
the adversarial system of justice.
• Each client is represented by an attorney
although a client is allowed to represent
herself (called “pro-se”).
Pretrial
• Consulting an Attorney.
– Generally, the first step.
– Types of Attorneys’ Fees (hourly vs. contingent
fee).
– Settlement Considerations.
Stages of a Lawsuit:
Pleadings
– Written documents that inform each of
the parties of one another’s claims and
defenses and specify the issues involved
in the lawsuit.
Stages of a Lawsuit:
Pleadings
• Plaintiff’s Complaint or Petition - sets forth
the claims asserted by the plaintiff—the
party seeking affirmative relief.
Stages of a Lawsuit:
Pleadings
Service of Process
• Plaintiff serves Defendant with Complaint and
Summons.
• Default Judgment for Plaintiff, if Defendant
does not Answer.
Stages of a Lawsuit:
Pleadings
Method of Service
• Usually by Sheriff or private process server. Copy
of Complaint and Summons personally delivered.
• Corporate Defendants served via Registered
Agent. If the Defendant is out-of-state, Court can
acquire jurisdiction by “long-arm” statutes.
• Waiver of Service.
Stages of a Lawsuit:
Pleadings
• Defendant’s Answer
– Responds to the claims set forth in the
Complaint or Petition
– Asserts affirmative defenses
– Asserts counterclaims
Stages of a Lawsuit:
Pleadings
• Motion to Dismiss: either party (normally
defendant) can ask the court to dismiss the
case if the pleadings fail to show a legal
claim.
Stages of a Lawsuit:
Discovery
• Discovery is the process of obtaining
factual information from the opposing party
or parties by means of written responses to
interrogatories and requests for admission,
requests for production of documents, and
depositions.
Stages of a Lawsuit:
Discovery
• Requests for Production - written requests
for documents relevant to the lawsuit
(materials can be both hard copy and
electronic compilations)
Stages of a Lawsuit:
Discovery
• Requests for Admissions - questions
phrased in an “admit” or “deny” format,
giving no opportunity for explanation, and
binding the responding party to its
admissions.
Stages of a Lawsuit:
Discovery
• Interrogatories - written questions related to
the subject matter of the lawsuit which must
be answered under oath.
Stages of a Lawsuit:
Discovery
• Depositions - testimony, under oath,
recorded by a court reporter and often
by videotape taken prior to trial.
Stages of a Lawsuit:
Motions
• Motion for Summary Judgment - a motion
requesting the court to enter judgment,
based on the pleadings and discovery to
date.
– Granted only if there are no material fact
issues in dispute or “questions of fact”.
Stages of a Lawsuit: Trial
• Trial may be with or without a jury.
– In a bench trial, the trial judge decides all
questions of fact and questions of law.
– In a jury trial, the trial judge decides all
questions of law, but the jury decides all
questions of fact.
The Stages of a Lawsuit: Trial
Jury Selection - “Voir Dire”
• the process in which attorneys question
prospective jurors to determine whether
they are biased or have any connection with
a party or the action or with a prospective
witness.
The Stages of a Lawsuit: Trial
• Opening Statements
– The Plaintiff gets to begin
– The Defendant may proceed next or wait
until prior to the Defendant’s case.
The Stages of a Lawsuit: Trial
• Plaintiff’s Case Presentation
– Plaintiff gets to begin its case first
– Plaintiff conducts direct examination of
each witness
– Defendant may cross examine each
witness
– Plaintiff “rests”
The Stages of a Lawsuit: Trial
• Defendant’s Case Presentation
– Defendant calls its first witness after
completion of the Plaintiff’s case
– Defendant conducts direct examination of
each witness
– Plaintiff may cross examine each witness
– Defense “rests”
The Stages of a Lawsuit: Trial
• Motion for Directed Verdict - In a jury trial,
a motion for the judge to take the decision
out of the jury’s hands and directs a verdict
for the moving party because the other party
has failed to provide sufficient evidence to
prevail on its claims.
The Stages of a Lawsuit: Trial
Closing Arguments
• Plaintiff has right to open and close
• Equal time allotted each party
The Stages of a Lawsuit: Trial
• Verdict by the Jury (if a jury trial)
• The verdict specifies the jury’s findings and
liability.
• Jury can award money damages in a civil
case, or prison in criminal case.
• Jury is dismissed after verdict.
The Stages of a Lawsuit: Trial
• Judgment
– In a jury trial, the judge will grant
judgment based upon the jury’s verdict.
– In the absence of a jury, the judge simply
grants the judgment on its own.
The Stages of a Lawsuit: Posttrial Motions
• After jury reaches a verdict, either party can
make a post-trial motion.
– Motion for New Trial: after looking at all the
evidence, judge will grant the motion IF the
jury was in error.
The Stages of a Lawsuit: Posttrial Motions
• Judgment Notwithstanding the Verdict
– known as a “(J.N.O.V.” for Judgment non
obstante verdicto).
– a motion for the court to enter judgment
contradictory to the jury’s verdict.
– based on “reasonable minds could not
differ” concept
The Stages of a Lawsuit: Appeal
• An appeal asks an appellate court with
jurisdiction over the trial court to review
and set-aside the trial court’s judgment.
The Stages of a Lawsuit: Appeal
What is filed with the appellate court?
– A transcript of the pleadings, motions,
hearings, and trial before the trial court,
and
– A brief outline of the legal arguments
supporting the appellant’s request to set
aside the judgment.
The Stages of a Lawsuit: Appeal
• Possible Appellate Rulings:
– Affirm the trial court’s judgment
– Reverse the trial court’s judgment based on
“reversible error” and remand the case for
further proceedings in the trial court
– Reverse the trial court’s judgment based on
“reversible error” and render a new judgment
without any need for further proceedings by the
trial court.
Enforcing the Judgment
• Requesting Court Assistance in Collecting
the Judgment.
– Writ of Execution: directs sheriff to seize
defendant’s non-exempt property and sell them
to pay for judgment
Enforcing the Judgment
• Availability of Assets.
– Usually a plaintiff looks to see if the defendant
has sufficient assets before the suit is filed
Court Procedures
Chapter 3