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Civil Procedure

Civil Procedure. Pleadings Complaint & Summons Service of summons and complaint Motion to Dismiss or Demurrer Answer Cross-Claims Motion for Judgment on the Pleadings. Discovery. Depositions Interrogatories Request for Inspection Request for Physical or Mental Exam

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Civil Procedure

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Presentation Transcript

  1. Civil Procedure • Pleadings • Complaint & Summons • Service of summons and complaint • Motion to Dismiss or Demurrer • Answer • Cross-Claims • Motion for Judgment on the Pleadings

  2. Discovery • Depositions • Interrogatories • Request for Inspection • Request for Physical or Mental Exam • Request for Production of Documents • Attorney client privilege • Physician/patient privilege • Cleric/penitent privilege • Spousal privilege • Irrelevant

  3. Motion for Summary Judgment • Standard: there is no dispute as to either material facts or the inferences to be drawn from undisputed facts, and only a question of law remains.

  4. Preliminary Hearing • Stipulations • Settlement efforts

  5. Jury Selection • “Voir Dire” – questioning for bias • “For cause” challenges • Peremptory challenges

  6. Trial • Prosecution or plaintiff’s opening statement • Defendant’s opening statement • Direct examination of witnesses • Cross-examination of witnesses • Rebuttal witnesses • Motion for a Directed Verdict • Closing Arguments • Instructions to the jury • Motion for a New Trial; Motion for Judgment Notwithstanding the Verdict (“JNOV”)

  7. Common Evidentiary Objections • Leading • Best Evidence • Lacks a Foundation • Irrelevant • Hearsay • Compound Question • Lacks authenticity

  8. Appeal • Petition for a writ of certiorari • Cases can be affirmed, reversed, remanded, or affirmed in part and reversed in part • “Rule of four” (U.S. Supreme Court)

  9. Alternative Dispute Resolution (“ADR”) • Arbitration • “Court-Annexed Arbitration” and trial de novo • Mediation • Med-Arb (labor disputes) • Mini-Trials (“Rent-A-Judge) • Early Neutral Evaluation • Summary Jury Trial • Negotiation

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