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Introduction to Civil Procedure in the United States. Wake Forest LLM Introduction to American Law Alan R. Palmiter – Sep. 2005. Course of Civil Litigation. Pleading Discovery Pre-trial Trial Post-trial (appeals) Filters at each stage.

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introduction to civil procedure in the united states

Introduction to Civil Procedure in the United States

Wake Forest LLM

Introduction to American Law

Alan R. Palmiter – Sep. 2005

course of civil litigation
Course of Civil Litigation

Pleading

Discovery

Pre-trial

Trial

Post-trial (appeals)

  • Filters at each stage
course of civil litigation1
Course of Civil Litigation

Pleading

  • Complaint (joinder / individual or class action)
  • Answer (admit, deny, lack info / counterclaim, cross-claim)
  • Liberal “notice pleading” and amendments
  • Filters
    • Default judgment
    • Motion to dismiss (“so what”)
    • Rule11 sanctions
course of civil litigation2
Course of Civil Litigation

Discovery

      • Depositions
      • Interrogatories
      • Document requests
      • Examinations (physical and mental)
      • Admissions
  • Filters
    • Protections (privileges, work product, court order)
    • Discovery conference
    • Compel discovery / sanctions
course of civil litigation3
Course of Civil Litigation

Discovery

      • Depositions
      • Interrogatories
      • Document requests
      • Examinations (physical and mental)
      • Admissions
  • Filters
    • Protections (privileges, work product, court order)
    • Discovery conference
    • Compel discovery / sanctions

Settlement

course of civil litigation4
Course of Civil Litigation

Pre-trial

        • Settlement conference
        • Alternative dispute methods: mediation / arbitration
        • Pre-trial conference
  • Filters
    • Summary judgment (“trial on papers”)
    • Voluntary dismissal (settlement)
course of civil litigation5
Course of Civil Litigation

Trial

          • Jury / bench trial
          • Live, continuous: witness / exhibits
          • Rules of evidence
          • Lawyer arguments
  • Filters
    • Directed verdict (judgment as matter of law)
    • Jury instructions
course of civil litigation6
Course of Civil Litigation

Post-trial (appeals)

          • Reopen case before appeal
          • Enforcement of judgment
          • Appeal (on record)
  • Filters
    • Judgment notwithstanding verdict (NOV)
    • Order for new trial (mistakes, new evidence)
    • Appeal: affirm, reverse, remand
judicial action
Judicial Action
  • Final relief - Judgment
  • Preliminary relief
  • Costs
  • Effect of judgment
judicial action1
Judicial Action
  • Final relief – Judgment
    • Money damages (legal)
    • Injunction (equitable)
    • Declaratory judgment
  • Preliminary relief
  • Costs
  • Effect of judgment
judicial action2
Judicial Action
  • Final relief – Judgment
  • Preliminary relief
    • Temporary restraining order
    • Preliminary injunction
  • Costs
  • Effect of judgment
judicial action3
Judicial Action
  • Final relief – Judgment
  • Preliminary relief
  • Costs
    • Court costs (prevailing party)
    • Attorney fees (American rule)
    • Fee statutes
  • Effect of judgment
judicial action4
Judicial Action
  • Final relief – Judgment
  • Preliminary relief
  • Costs
  • Effect of judgment
    • Res judicata (claim preclusion – apple)
    • Collateral estoppel (issue preclusion – orange)