chapter 3 (Steps in Civil Litigation)
Order by
11 terms
Terms | Definitions |
|---|---|
 Summons and Complaint | - Plaintiff is suing Defendant in a particular court. - Facts showing Plaintiff entitled to a remedy. - Remedy plaintiff is seeking. |
| Service of Process | Notifying the defendant of a lawsuit. |
| Actions to take on Summons and Complaint | - No response - Motion to dismiss - defendant denies - defendant answers with counterclaim - affirmative defense |
| Discovery | - Process by which parties gather evidence to prepare for trial - Serves 4 purposes: 1. preserves the testimony of witness 2. promotes settlement of cases 3. prevents unfair surprise at trial 4. narrows the issues of fact to be decided at trial |
| Depositions | witness testimony given under oath and recorded for use in court at a later date.; pretrial |
| Interrogatories | Written questions for which written answers are prepared and then signed under oath |
| Request to Admit | Document that lists statements regarding specific items for the other party to admit or deny |
| 1. Request for Documents or 2. Physical or Mental Exam | 1. If the item has a bearing on the determination of facts the other side will have the right to examine. 2. Courts will balance the party's right to privacy with the other sides need to know |
| Pretrial Motions | motion to dismiss, motion for judgment on the pleadings, motion of summary judgment |
| Pretrial Conference | Two steps: 1. Last step to settle the case before trial. 2. Plan the course of the trial |
| Types of Trials | Jury and Bench Trials |
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