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1. Pleadings 2. Discovery 3. Pre-trial Motions 4. Trial- Six Phases 5. Post-Trial Motions 6. Appeal |
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1. Voir Dire 2. Opening Statement 3. Plaintiff's Case 4. Defendant's Case 5. Rebuttal by Plaintiff 6. Closing Arguments |
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Complaint: 1. initiates the lawsuit; attempts to state one or more causes of action (valid claims) 2. Served with a summonshe summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court.) requiring an answer to be filed with the court by a certain time or an appearance in court on a certain date (in small claims court) Responsive Motion or Answer 1. Failure to file can an appropriate response can result in a default judgement which means the defendant loses the case without a trial 2. counter claim is a cause of action against the plaintiff by the defendant may be included with answer |
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Discovery is the process of gathering information from parties or non-party prior to trial. |
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Interrogatories: written questions sent to a party which must be answered in writing and under oath Request for Admissions: written statements sent to a party which must be admitted or denied Request for Production: a written request sent to a party requiring the delivery of document or objects at a specified place and time. Deposition- an in person oral examination of a party or a nonparty witness under oath. |
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3rd Stage: Pre-Trial Motions |
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Motions filed in the case prior to the time trial begins. 2 Significant Pre-trial Motions: A. Motion to dismiss: a motion (request to the court) typically filed by the defendant asking the court to throw out the petition Ex. Failure to state a cause of action; lack of jurisdiction standing 2. Motion for summary judgement: A motion which may be filed by any party asking for a judgement based upon affidavits and the sworn evidence uncovered during discovery. B. Requires the court to find that there is no genuine issue of material fact. |
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4th Stage: Trial- Six Phases |
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1. Voir Dire means to tell the truth. The potential jurors are questioned under oath about bias or prejudice against or in favor of one of the parties 2. Opening Statement: A statement of the evidence the parties intend to present at trial. A. Trial Motions- filed in court during the trial B. Motion for Mistrial- requires a court to find there was an even or an error which makes a fair trial or decision impossible. C. Motion for directed verdict: requires a court to find that the plaintiff did not present evidence necessary to support a cause of action |
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