Court Procedures

1
Court Procedures

• Procedural Rules
• Federal
• State
• Local
• Consulting with an Attorney
• Legal fees
• Settlement considerations

2
Pretrial Procedures

• Pleadings
• Plaintiffs 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

• Defendants 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
• RFAs
• 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 partys 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