Term
| Stages of the civil litigation process |
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Definition
1. Pre-Lawsuit Communication Between Parties
2. Initial Court Pleadings
3. Discovery
4. Pre-Trial Proceedings
5. Trial
6. Post-Trial Proceedings
7. Appeal
8. Enforcing the Judgment |
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Term
| Pre-Lawsuit communication |
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Definition
| One party will often notify the other party of how they have wronged them and begin settlement talks |
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Term
| What type of letter does a party often send a defendant to tell them to stop doing something? |
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Definition
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Term
| Initial Court Proceedings |
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Definition
- Complaint: Plaintiff files a “Complaint” with the court of its choice
- Service of Process: Plaintiff serves all defendants with a “Summons” to appear in court, often accompanied by a copy of the Complaint
- Motion to Dismiss: Defendant may file a “motion to dismiss” the case if the courts lacks jurisdiction or venue, or to dismiss a claim in the Complaint if the allegations in the Complaint fail to state a legal claim
- Answer: If necessary, defendant files an “Answer” to the Complaint, including any defenses
- Counterclaim: In addition to the Answer, Defendant may also assert a counterclaim against Plaintiff
Plaintiff must file either a “Motion to Dismiss” or an “Answer” for any counterclaims
- Motion for Judgment on the Pleadings: Either party may file a “motion for judgment on the pleadings” if the allegations in the Complaint and Answer create no dispute about which party will win
To avoid such a motion, the parties’ allegations must create a dispute about who will win
A party may file the same motion for any counterclaims |
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Term
| Methods for discovering evidence |
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Definition
Written Interrogatories (questions)
Requests for Documents and Things
Requests for Admissions
Depositions of Witnesses
Subpoenas to Non-Parties |
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