Civil procedure
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Civil Procedure. Triggering Event and Failure to Resolve without resorting to Litigation Client decides to file a lawsuit or has been sued What do you do?. Sources of Law. Constitution Statutes Common Law Rules of Civil Procedure. Issues to Consider Before Filing a Lawsuit .

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Presentation Transcript
Civil procedure l.jpg
Civil Procedure

  • Triggering Event and Failure to Resolve without resorting to Litigation

  • Client decides to file a lawsuit or has been sued

  • What do you do?


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Sources of Law

  • Constitution

  • Statutes

  • Common Law

  • Rules of Civil Procedure


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Issues to Consider Before Filing a Lawsuit

  • Where can I file the lawsuit?

    • Personal Jurisdiction

    • Subject Matter Jurisdiction

    • Venue


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Other Considerations

  • Know the Procedural Rules

  • Where’s my client’s best place?

  • $$$

  • Who should be a Defendant?

  • What claims do I have?

  • What remedies are available?


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Starting the Lawsuit

  • Pleadings

  • Filing requirements

  • Service of Process


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Defendant’s Considerations

  • What’s your theory of defense?

  • Was Defendant properly served?

  • Does the Court have proper subject matter jurisdiction?

  • Does the Court have proper personal jurisdiction?

  • Is venue proper?


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Other Defendant Considerations

  • Assuming everything the Plaintiff says is true, does the Plaintiff have a proper claim?

  • Is the Plaintiff’s pleading in compliance with the Rules of Procedure?

  • Is there a dispute about the facts articulated by the Plaintiff?


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Response to Complaint

  • Motion to Dismiss

  • Answer

  • Affirmative Defense(s)

  • Add new parties or claims


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Discovery

  • Scope – what can I get?

    • Parties

    • Experts

    • Non parties

  • Mandatory Disclosures

  • Limiting and/or Objecting to Discovery

  • Compliance/Enforcement


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Discovery Techniques

  • Interrogatories

  • Depositions

    • Oral depositions

    • Depositions upon Written Questions

  • Production of Documents and Inspections

  • Admissions

  • Physical and Mental Examinations


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Resolution Without Trial

  • Settlement and Alternative Dispute Resolution

    • Negotiation

    • Mediation

    • Arbitration

  • Summary Judgment


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Trial

  • Who is the factfinder?

    • Judge

    • Jury

  • What is the result?

    • Verdict

    • Judgment

  • Are the parties satisfied with the result?


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Appeals

  • What court can hear the Appeal?

  • Perfecting the Appeal?

  • Scope of Review?

  • Options for Outcome

    • Affirm

    • Reverse

    • Remand


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Enforcing Judgments

  • How do you collect the $$?

  • Locating assets

  • Moving Judgments

  • Seizing and Selling Assets

  • Debtor’s Rights


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