March 4, 2011 Civil Procedure

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.

Jurisdiction Original Jurisdiction: the power to first hear a case; court of original jurisdiction is where the trial takes place Jurisdiction: the power or authority to act in a certain situation; the power of a court to hear cases and render judgments

Jurisdiction (cont.) Subject Matter Jurisdiction federal court jurisdiction state court jurisdiction Personal Jurisdiction In Rem Jurisdiction

PLEADINGS Documents that define the nature of the dispute Follow set format Judicial Council Forms Prepared on “pleading paper” with statutory requirements

Civil Pleadings: Federal Complaint Answer Counterclaim Cross-Claim Third-party Complaint

CIVIL PLEADINGS: STATE COMPLAINT ANSWER DEMURRER CROSS COMPLAINT ANSWER OR DEMURRER TO CROSS 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 (AND S.B. NO.)

Summons Summons: 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.

LITIGATION PROCESS COMPLAINT FILED AND SUMMONS ISSUED COMPLAINT AND SUMMONS SERVED ON DEFENDANT DEFENDANT RESPONDS OR DEFAULTS Responses: Answer, Demurrer, Motion, Cross complaint DEFENDANT’S CROSS COMPLAINT ANSWERED ETC. DISCOVERY CONDUCTED (MOTIONS, PRETRIAL HEARINGS, ADR) TRIAL APPEAL

Service of Process Who Can Serve Date of Service Proof of Service Personal Service Substituted Service Publication Service by Mail Waiver(Acknow-ledgement of Receipt) Who Can Serve Date of Service Proof of Service

The Answer Answer: The most common response filed by a defendant is called an answer Affirmative Defenses General Denial Specific Denial

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

Discovery Interrogatories Request for Admissions Request to Produce or Inspect Deposition Request for Medical Examination EXPERT Disclosure