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Civil Procedure

Civil Procedure

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Civil Procedure

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Presentation Transcript

  1. Civil Procedure • Triggering Event and Failure to Resolve without resorting to Litigation • Client decides to file a lawsuit or has been sued • What do you do?

  2. Sources of Law • Constitution • Statutes • Common Law • Rules of Civil Procedure

  3. Issues to Consider Before Filing a Lawsuit • Where can I file the lawsuit? • Personal Jurisdiction • Subject Matter Jurisdiction • Venue

  4. Other Considerations • Know the Procedural Rules • Where’s my client’s best place? • $$$ • Who should be a Defendant? • What claims do I have? • What remedies are available?

  5. Starting the Lawsuit • Pleadings • Filing requirements • Service of Process

  6. Defendant’s Considerations • What’s your theory of defense? • Was Defendant properly served? • Does the Court have proper subject matter jurisdiction? • Does the Court have proper personal jurisdiction? • Is venue proper?

  7. Other Defendant Considerations • Assuming everything the Plaintiff says is true, does the Plaintiff have a proper claim? • Is the Plaintiff’s pleading in compliance with the Rules of Procedure? • Is there a dispute about the facts articulated by the Plaintiff?

  8. Response to Complaint • Motion to Dismiss • Answer • Affirmative Defense(s) • Add new parties or claims

  9. Discovery • Scope – what can I get? • Parties • Experts • Non parties • Mandatory Disclosures • Limiting and/or Objecting to Discovery • Compliance/Enforcement

  10. Discovery Techniques • Interrogatories • Depositions • Oral depositions • Depositions upon Written Questions • Production of Documents and Inspections • Admissions • Physical and Mental Examinations

  11. Resolution Without Trial • Settlement and Alternative Dispute Resolution • Negotiation • Mediation • Arbitration • Summary Judgment

  12. Trial • Who is the factfinder? • Judge • Jury • What is the result? • Verdict • Judgment • Are the parties satisfied with the result?

  13. Appeals • What court can hear the Appeal? • Perfecting the Appeal? • Scope of Review? • Options for Outcome • Affirm • Reverse • Remand

  14. Enforcing Judgments • How do you collect the $$? • Locating assets • Moving Judgments • Seizing and Selling Assets • Debtor’s Rights