Chapter Twelve Civil Procedure Before Trial Hames/Ekern: Introduction to Law, 3rd edition

Civil Procedure the Cause of Action A cause of action is a factual situation that creates a legally recognized right to damages or other relief. Hames/Ekern: Introduction to Law, 3rd edition

Hames/Ekern: Introduction to Law, 3rd edition Jurisdiction Original Jurisdiction: is the power to first hear a case; court of original jurisdiction is where the trial takes place Jurisdiction: is the power or authority to act in a certain situation; the power of a court to hear cases and render judgments Hames/Ekern: Introduction to Law, 3rd edition

Hames/Ekern: Introduction to Law, 3rd edition Jurisdiction (cont.) Subject Matter Jurisdiction federal court jurisdiction state court jurisdiction Personal Jurisdiction In Rem Jurisdiction Hames/Ekern: Introduction to Law, 3rd edition

Hames/Ekern: Introduction to Law, 3rd edition Civil Pleadings Complaint Answer Counterclaim Cross-Claim Third-party Complaint Hames/Ekern: Introduction to Law, 3rd edition

The Complaint (the basic components) 1. the Caption 2. the Allegations 3. the Prayer 4. the Date & the Address, Telephone Number, and Signature of the attorney for the plaintiff Hames/Ekern: Introduction to Law, 3rd edition

Hames/Ekern: Introduction to Law, 3rd edition Summons Summons: is one of the documents used to begin a legal action; it is served on the defendant and tells the defendant to appear in court and respond to the charge or risk a default. Hames/Ekern: Introduction to Law, 3rd edition

Hames/Ekern: Introduction to Law, 3rd edition Service of Process Personal Service Substituted Service Publication Service by Mail Waiver Who Can Serve Date of Service Proof of Service Hames/Ekern: Introduction to Law, 3rd edition

Hames/Ekern: Introduction to Law, 3rd edition The Answer Answer: The most common response filed by a defendant is called an answer Affirmative Defenses General Denial Specific Denial Hames/Ekern: Introduction to Law, 3rd edition

Hames/Ekern: Introduction to Law, 3rd edition Pretrial Motions Notice of Motion Declaration in Support of Motion Memorandum of Points and Authorities in Support of Motion Declaration in Opposition to Motion Memorandum of Points and Authorities in Opposition to Motion Hames/Ekern: Introduction to Law, 3rd edition

Hames/Ekern: Introduction to Law, 3rd edition Discovery Interrogatories Request for Admissions Request to Produce or Inspect Deposition Request for Medical Examination Disclosure Hames/Ekern: Introduction to Law, 3rd edition