Presentation on theme: "Court Procedures zProcedural Rules yFederal yState yLocal zConsulting with an Attorney yLegal fees ySettlement considerations."— Presentation transcript:
Court Procedures zProcedural Rules yFederal yState yLocal zConsulting with an Attorney yLegal fees ySettlement considerations
Pretrial Procedures zPleadings xPlaintiff’s complaint - Statement alleging facts for jx short statement of facts for remedy statement of the remedy xService of process –FRCP 18yo and not a party, State -sheriff –in person, at residence business, mail –corporations - registered agent summons copy of complaint
Pretrial Procedures zDispositive Motions yMotion to Dismiss yMotion for Judgment on the Pleadings yMotion for Summary Judgment xWold v. Spectrum Manufacturing
Pretrial Procedures zDiscovery yPurposes: xGather information lively to lead to the discovery of relevant information. xParties gain access to witnesses/documents xNot to harass xDevices to safeguard privileged material.
Pretrial Procedures zDepositions zInterrogatories zRFA’s zRequest for Documents, objects, entry upon land zRequest for Examinations
Pretrial Procedures zRequest for jury trial zJury selection zVoir Dire zChallenges yperemptorily yfor cause zAlternate Jurors
Trial zRules of Evidence yRelevance xTends to prove or disprove a fact in question or to establish the degree of probability of a fact or action xIf its probative value is substantially outweighed by its tendency to prejudice the jury xRedundant xMislead xEmotional basis for decision
Trial zRules of Evidence yHearsay as a general rule is not admissible xHowever, exceptions eat the rule not the truth of the matter asserted dying statements by a party contrary to the party’s interest xReliability problems - no opportunity for cross
Trial zOpening Statements zExamination of Witnesses yDirect yCross yRe-direct yRe-cross zMotion for Directed Verdict zClosing Arguments
Trial zJury Instructions yOhio v. Lessin zJury Verdict yfindings of fact, amount of damages zStandards of Proof ypreponderance of the evidence yclear and convincing ybeyond a reasonable doubt
After the Trial zMotion for a New Trial zGranted only if jury has misapplied the law or misunderstood the evidence, newly discovered evidence, misconduct by participants Powell v. Allstate Insurance Co. yjury was in error ynot appropriate to grant judgment for the other side
After the Trial zMotion for Judgment N.O.V. yIf the evidence is viewed in the light most favorable to the non-moving party, a reasonable jury could not find for that party. y
After the Trial zAppeals yNotice of Appeal yFile the record yFile the brief zApellate review yaffirm, reverse, remand yin whole or in part ymodify damage amounts
After the First Appeal zAutomatic first appeal zAppeal to Supreme Courts yPetition for a writ of Certiorari zEnforcing the judgment yjudgment proof parties ywrit of execution ydeep pockets
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