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Court Procedures

Court Procedures. Procedural Rules Federal State Local Consulting with an Attorney Legal fees Settlement considerations. Pretrial Procedures. Pleadings Plaintiff’s complaint - Statement alleging facts for jx short statement of facts for remedy statement of the remedy

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Court Procedures

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  1. Court Procedures • Procedural Rules • Federal • State • Local • Consulting with an Attorney • Legal fees • Settlement considerations

  2. Pretrial Procedures • Pleadings • Plaintiff’s complaint - • Statement alleging facts for jx • short statement of facts for remedy • statement of the remedy • Service of process • FRCP 18yo and not a party, State -sheriff • in person, at residence business, mail • corporations - registered agent • summons • copy of complaint

  3. Pretrial Procedures • Defendant’s Response • Answer • Affirmative defenses

  4. Pretrial Procedures • Dispositive Motions • Motion to Dismiss • Motion for Judgment on the Pleadings • Motion for Summary Judgment • Wold v. Spectrum Manufacturing

  5. Pretrial Procedures • Discovery • Purposes: • Gather information lively to lead to the discovery of relevant information. • Parties gain access to witnesses/documents • Not to harass • Devices to safeguard privileged material.

  6. Pretrial Procedures • Depositions • Interrogatories • RFA’s • Request for Documents, objects, entry upon land • Request for Examinations

  7. Pretrial Procedures • Request for jury trial • Jury selection • Voir Dire • Challenges • peremptorily • for cause • Alternate Jurors

  8. Trial • Rules of Evidence • Relevance • Tends to prove or disprove a fact in question or to establish the degree of probability of a fact or action • If its probative value is substantially outweighed by its tendency to prejudice the jury • Redundant • Mislead • Emotional basis for decision

  9. Trial • Rules of Evidence • Hearsay as a general rule is not admissible • However, exceptions eat the rule • not the truth of the matter asserted • dying statements • by a party contrary to the party’s interest • Reliability problems - no opportunity for cross

  10. Trial • Opening Statements • Examination of Witnesses • Direct • Cross • Re-direct • Re-cross • Motion for Directed Verdict • Closing Arguments

  11. Trial • Jury Instructions • Ohio v. Lessin • Jury Verdict • findings of fact, amount of damages • Standards of Proof • preponderance of the evidence • clear and convincing • beyond a reasonable doubt

  12. After the Trial • Motion for a New Trial • Granted only if jury has misapplied the law or misunderstood the evidence, newly discovered evidence, misconduct by participants Powell v. Allstate Insurance Co. • jury was in error • not appropriate to grant judgment for the other side

  13. After the Trial • Motion for Judgment N.O.V. • If the evidence is viewed in the light most favorable to the non-moving party, a reasonable jury could not find for that party.

  14. After the Trial • Appeals • Notice of Appeal • File the record • File the brief • Apellate review • affirm, reverse, remand • in whole or in part • modify damage amounts

  15. After the First Appeal • Automatic first appeal • Appeal to Supreme Courts • Petition for a writ of Certiorari • Enforcing the judgment • judgment proof parties • writ of execution • deep pockets

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