1. CALIFORNIA CIVIL LITIGATION
LITIGATION OVERVIEW
© 2005 by Thomson Delmar Learning. All Rights Reserved.

2. CIVIL PROCEDURE—
the process of litigation.

3. TYPES OF LAW
Substantive
Procedural

4. LITIGATION CHRONOLOGY—
litigation from beginning to end.

5. By the completion of this course, you will
know the role of the litigation paralegal.
have experience in each phase of civil litigation.
be ready to provide litigation support.

6. PRELITIGATION PHASE First contact with the prospective client
Factual investigation
Legal research

7. PLEADINGS— documents filed with the court. Set forth the parties’
claims,
defenses,
demands for relief.

8. TYPES OF PLEADINGS State Court Complaints Cross-complaints Answers
Demurrers

9. TYPES OF PLEADINGS Federal Court Complaints Counterclaims Cross-claims
Third party complaints
Motions to dismiss

10. ATTACKING THE PLEADINGS
Parties may attack defects in the opposition’s pleadings.

11. ATTACKS ON PLEADINGS May: eliminate the action eliminate claims
narrow issues
limit damages

12. AT ISSUE— after the complaints are answered,
the case is theoretically ready for trial.

13. DISCOVERY—
the process of developing the facts of the case.

14. DISCOVERY TOOLS Interrogatories Requests for Admission Depositions
Requests for Inspection
Expert Discovery

15. LAW AND MOTION—
pre-trial resolution of disputes through motions made to the court.

16. TRIAL PREPARATION Organization for presentation at trial:
Factual elements
Legal research
Evidence

17. TRIAL—
presentation of evidence and argument by the parties to obtain a judgment.

18. POST-TRIAL MOTIONS May involve requests for: A new trial
A different judgment
Attorney’s fees

19. APPEAL
Any “aggrieved party” may ask a higher court to reverse or modify the judgment, until the judgment is final.

20. Pleadings, Discovery, Trial, Appeal
SUMMARY
Pleadings, Discovery, Trial, Appeal
PREVIEW
Ethics, Court System, Jurisdiction