Presentation on theme: "1 Civil Procedure Pleadings Complaint & Summons Service of summons and complaint Motion to Dismiss or Demurrer Answer Cross-Claims Motion for Judgment."— 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.
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