Chapter 3
Court Procedures
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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”).
The American Court system follows procedural
rules that ensure due process.
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§1: Procedural Rules
Court systems developed around the common
law concept of “due process” which requires
adequate notice and a fair and impartial hearing.
For example, all federal trials are governed by
the Federal Rules of Civil Procedure and Federal
Rules of Evidence.
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§2: Consulting an Attorney
Generally, the first step in litigation is contacting
any attorney to seek qualified legal advice.
Legal Fees (hourly vs. contingent fee).
Settlement Considerations.
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§3: Pre-Trial Procedures
(Stages of Litigation)
Pleadings.
Discovery.
Pre-Trial.
Trial.
Post-Trial.
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Litigation- Pleadings
1st
2nd
3rd
4th
5th
Pleadings // Discovery // Pre-Trial // Trial // Post
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Stage: Pleadings-Complaint
Prepare Pleadings
 File Petition/Complaint.
• Court acquires jurisdiction over subject matter and
Plaintiff.
• Facts: What happened.
• Prayer: Court relief.
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Complaint
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Pleadings-Service
Defendant served with Complaint and Summons.
Court acquires Personal Jurisdiction over
Defendant (person or corporation).
Corporate Defendants served via Registered
Agent. If the Defendant is out-of-state, Court can
acquire jurisdiction by “long-arm” statutes.
Case 3.1: Rio Properties v. Rio International
Interlink (2002)
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Summons
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Pleadings-Answer
The Answer is the Defendant’s response to the
allegations stated in the Plaintiff’s Complaint.
In the Answer, the Defendant must specifically
admit or deny each allegation in the Complaint.
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Pleadings-Answer
Defendant’s Answer:
 States General Denial.
 Move for Change of Venue.
 Allege Affirmative Defenses.
 Counter Claim against Plaintiff.
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Answer-Affirmative Defense
Defenses in which the defendant essentially
claims that even if all of the plaintiff’s
allegations are true, the plaintiff cannot win
because there is a more powerful law on the
defendant’s side that will allow the defendant to
win.
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Answer- Affirmative Defense
Fraud is an example of an affirmative defense
that might be asserted in a breach of contract
case.
Burden of proof is on the Defendant to show
fraud actually took place.
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AnswerCounter or Cross Claims
A counterclaim is a lawsuit filed by the
Defendant against the Plaintiff, in response to the
original complaint. A cross-claim is against a coPlaintiff or co-Defendant.
CounterClaim
P
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VS.
CrossClaim
D2
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Answer-Motion to Dismiss
Defendant can move the Court to dismiss the
Action for various reasons, such as:
 The Court lacks jurisdiction.
 The Plaintiff has failed to make all of the allegations,
in his Complaint, that the law requires (i.e., the
plaintiff has failed to state a cause of action).
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Pleadings-Answer
Move to Dismiss.
Motion for Judgment on Pleadings.
Motion for Summary Judgment.
Case 3.2: Ausley v. Bishop (1999).
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Litigation- Discovery
1st
2nd
3rd
4th
5th
Pleadings // Discovery // Pre-Trial // Trial // Post
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Stage: Discovery
Discovery is the process by which parties obtain
information from the opposing party prior to
trial.
 Depositions & Interrogatories.
 Requests for Admissions.
 Requests for Production Of Documents, Object and
Entry.
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Litigation- Pre-Trial
1st
2nd
3rd
4th
5th
Pleadings // Discovery // Pre-Trial // Trial // Post
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rd
3
Stage: Litigation-Pretrial
Mediation-Arbitration.
Disposition Without Trial.




Default Judgments.
Dismissals (With/Without Prejudice).
Summary Judgment.
Settlement.
Pre-Trial Orders (ex:TRO, In Limine).
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Litigation- Trial
1st
2nd
3rd
4th
5th
Pleadings // Discovery // Pre-Trial // Trial // Post
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§4: The Trial
Trial is fundamentally an evidence presentation
and authentication procedure.
To prevail in a civil trial, Plaintiff must introduce
a preponderance of competent evidence with
respect to each disputed allegation in order to
prove it.
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The Trial
[2]
The Defendant will “object” to Plaintiff’s
evidence and the judge will rule on each
objection. If the judge “overrules” the objection,
the evidence is admitted for the jury to consider.
If the judge “sustains” the objection, the evidence
is not admitted into the trial.
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The Trial [3]
Bench Trial (no jury).
Jury Selection.




Voire Dire.
Challenges/Pick the Jury.
Impanel Jury.
Alternate Jurors.
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The Trial [4]
Opening Statements.
Plaintiff’s Case--Evidence:
 Witnesses- Direct examination vs. Cross X.
 Admissibility of evidence decided by judge. Parties
object to admission of evidence and judge decides, as
a matter of law, whether evidence may be admitted
into the trial.
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The Trial [5]
Plaintiff’s Case (cont’d).
 Party may impeach the testimony or credibility of
opposing witness by showing prior inconsistent
statements and/or Perjury.
Defendant’s Case.
Closing Arguments.
Jury Instructions and Deliberations.
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The Trial [6]
 Verdict.
 Criminal case--burden of proof is “beyond a reasonable
doubt” and the verdict (for guilty or acquittal) must be
unanimous. If not, mistrial/hung jury.
 Civil Cases—generally, burden of proof is by
“preponderance” of the evidence and a majority of
jurors must agree on verdict. If not, then mistrial/ hung
jury.
 Judgment is the Court’s acceptance and recording
of the jury’s verdict.
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Litigation- Post Trial
1st
2nd
3rd
4th
5th
Pleadings // Discovery // Pre-Trial // Trial // Post
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§ 5: Post Trial Motions
Once the trial is concluded, a dissatisfied party
may:
 File a Motion for a New Trial.
• Case 3.3: LeBlanc v. American Honda Motor Co
(1997).
 Ask that the judge enter a judgment contrary to the
verdict (JNOV) rendered by the jury.
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§6: The Appeal
 A party may appeal the jury’s verdict or any legal issue,
motion or court ruling during the trial.
 The party filing the appeal (Appellant) files a brief that
contains a short statement of the facts, issues, rulings by
the trial court, grounds to reverse the judgment,
applicable law and arguments on Appellant’s behalf.
 Appeals court can affirm (agree with) or reverse
(disagree with) the lower court’s decision.
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§7: Enforcing the Judgment
Once a judgment becomes final (i.e., subject to
no further judicial review) the defendant is
legally required to comply with its terms.
Defendants who will not voluntarily comply with
a judgment can be compelled to do so by seizure
and sale of the Defendant’s assets.
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Law on the Web
Federal Court Locator at Villanova U.
National Center for State Courts.
Rules of Civil Procedure at Cornell U.
Michigan Cybercourt.
Legal Research Exercises on the Web.
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