Litigation Jody Blanke Professor of Computer Information Systems and Law

Pleadings  Plaintiff files a complaint  Defendant files an answer May also counterclaim or crossclaim Failure to answer may result in default judgment

Motion to Dismiss  Will be granted if Court lacks jurisdiction over the subject matter or over the parties Plaintiff failed to properly serve the complaint on the defendant Plaintiff has failed to state a claim upon which relief can be granted

Motion for Judgment on the Pleadings  Will be granted if There is no dispute over the facts and the only issue is a question of law  The judge cannot consider any evidence not contained in the pleadings

Discovery  Often the longest stage of the process  Prevents surprises Ex. The surprise witness in the last five minutes of a Perry Mason episode  Narrows the issues involved  Fosters settlement of the case

Three Primary Tools of Discovery  Depositions Sworn oral testimony of party or witness Generally not presented at trial as evidence, but rather, used to impeach the credibility of a witness  Interrogatories Written questions to a party – answers made under oath  Request for Production of Documents

Motion for Summary Judgment  Can be made by either party  During discovery, i.e., after the pleadings but before the trial  Will be granted if there are no genuine issues as to any material fact, and the moving party is entitled to judgment as a matter of law  “Legal TKO”

The Trial  Pretrial conference  Selection of the jury Voir dire  Opening statements  Plaintiff’s case Direct examination Cross examination  Motion for a directed verdict

The Trial (continued)  Defendant’s case Direct examination Cross examination  Closing arguments  The judge charges the jury as to the relevant law  Jury deliberations  The verdict

Post Trial Motions  Motion for judgment notwithstanding the verdict (judgment n.o.v. – non obstante veredicto)  Motion for remittitur (additur) McDonald’s hot cup of coffee case  Motion for a new trial

Appeals  Appellate review focuses on errors of law Appellate court may order a remand  Findings of fact generally will be reversed only if they are clearly erroneous, i.e., not supported by the evidence