Chapter Twelve
Civil Procedure Before Trial
Pretrial Civil Procedure Steps
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One party determines that a cause of action (COA) exists.
Proper court is chosen.
Plaintiff complaint and summons is issued by court.
Defendant is served with complaint and summons.
Defendant either defaults or files an appropriate response to
complaint (General Denial, Answer, Demurrer, etc.)
Both sides prepare for trial, normally by conducting discovery.
Settlement negotiations and/or alternative dispute resolution
options are explored, often several times during trial preparation,
and parties report to the court periodically for “conferences”.
The trial date is set.
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The Cause of Action
A cause of action is a factual situation
that creates a legally recognized right
to damages or other relief.
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Jurisdiction
Original Jurisdiction: is the power to first
hear a case; court of original jurisdiction is
where the trial takes place
Jurisdiction: is the power or authority to act
in a certain situation; the power of a court
to hear cases and render judgments
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Jurisdiction (cont.)
Subject Matter Jurisdiction
federal court jurisdiction
state court jurisdiction
Personal Jurisdiction
In Rem Jurisdiction
Venue
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Civil Pleadings
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Complaint
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Answer
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Counterclaim
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Cross-Claim
Third-party
Complaint
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The Complaint
(the basic components)
1.
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3.
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the Caption
the Allegations
the Prayer
the Date & the Address,
Telephone Number, and
Signature of the attorney for the
plaintiff
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Summons
Summons: is one of the documents
used to begin a legal action; it is
served on the defendant and tells the
defendant to appear in court and
respond to the charge or risk a
default.
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Service of Process
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Personal Service
Substituted
Service
Publication
Service by Mail
Waiver
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Who Can Serve
Date of Service
Proof of Service
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The Answer
Answer: The most common
response filed by a defendant is
called an answer
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Affirmative Defenses
General Denial
Specific Denial
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Pretrial Motions
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Notice of Motion
Declaration in
Support of Motion
Memorandum of
Points and
Authorities in
Support of Motion
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Declaration in
Opposition to
Motion
Memorandum of
Points and
Authorities in
Opposition to
Motion
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Discovery
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Interrogatories
Request for Admissions
Request to Produce or Inspect
Deposition
Request for Medical Examination
Disclosure
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Settlement
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A settlement occurs when the parties reach an
agreement on some or all of the issues without
actually going to trial.
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Compromise and release
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The remaining unresolved issues are litigated or tried.
A settlement agreement that ends the case.
Dismissal
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With prejudice
Without prejudice; with leave to refile.
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.