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Understanding the Litigation Process: From Pleadings to Appeals

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This comprehensive overview outlines the stages of the litigation process, starting with the plaintiff's complaint and the defendant's answer. It covers critical motions such as Motion to Dismiss, Motion for Judgment on the Pleadings, and Motion for Summary Judgment. The discovery phase is highlighted, emphasizing the importance of depositions, interrogatories, and document production. The trial process is detailed, including jury selection, opening statements, examinations, and closing arguments. Finally, post-trial motions and the appellate review process are discussed, providing insight into legal proceedings.

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Understanding the Litigation Process: From Pleadings to Appeals

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Presentation Transcript

  1. Litigation Jody Blanke Professor of Computer Information Systems and Law

  2. Pleadings • Plaintiff files a complaint • Defendant files an answer • May also counterclaim or crossclaim • Failure to answer may result in default judgment

  3. Motion to Dismiss • Will be granted if • Court lacks jurisdiction over the subject matter or over the parties • Plaintiff failed to properly serve the complaint on the defendant • Plaintiff has failed to state a claim upon which relief can be granted

  4. Motion for Judgment on the Pleadings • Will be granted if • There is no dispute over the facts and the only issue is a question of law • The judge cannot consider any evidence not contained in the pleadings

  5. Discovery • Often the longest stage of the process • Prevents surprises • Ex. The surprise witness in the last five minutes of a Perry Mason episode • Narrows the issues involved • Fosters settlement of the case

  6. Three Primary Tools of Discovery • Depositions • Sworn oral testimony of party or witness • Generally not presented at trial as evidence, but rather, used to impeach the credibility of a witness • Interrogatories • Written questions to a party – answers made under oath • Request for Production of Documents

  7. Motion for Summary Judgment • Can be made by either party • During discovery, i.e., after the pleadings but before the trial • Will be granted if there are no genuine issues as to any material fact, and the moving party is entitled to judgment as a matter of law • “Legal TKO”

  8. The Trial • Pretrial conference • Selection of the jury • Voir dire • Opening statements • Plaintiff’s case • Direct examination • Cross examination • Motion for a directed verdict

  9. The Trial (continued) • Defendant’s case • Direct examination • Cross examination • Closing arguments • The judge charges the jury as to the relevant law • Jury deliberations • The verdict

  10. Post Trial Motions • Motion for judgment notwithstanding the verdict (judgment n.o.v. – non obstante veredicto) • Motion for remittitur (additur) • McDonald’s hot cup of coffee case • Motion for a new trial

  11. Appeals • Appellate review focuses on errors of law • Appellate court may order a remand • Findings of fact generally will be reversed only if they are clearly erroneous, i.e., not supported by the evidence

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