BUSINESS LAW CIVIL PROCEDURE Session 3 Lakeshore Technical College Richard Opie, JD, MA copyright 2014

2/17/2016 CIVIL PROCEDURE 1)BEFORE TRIAL Informal Formal 2)DURING TRIAL 3)AFTER TRIAL

2/17/2016 CIVIL PROCEDURE - INFORMAL PRETRIAL EVENT (“CAUSE” of action) SETTLEMENT PRIVATE ATTORNEY

2/17/2016 CIVIL PROCEDURE - INFORMAL PRETRIAL ATTORNEY INVESTIGATION CLIENT INTERVIEW OTHER EVIDENCE Jury Instructions

2/17/2016 CIVIL PROCEDURE - INFORMAL PRETRIAL INVESTIGATION CREATING FILE FURTHER SETTLEMENT EFFORTS

2/17/2016 CIVIL PROCEDURE FORMAL PRETRIAL 1) PLEADINGS 2) DISCOVERY 3) MOTIONS 4) ADR - ALTERNATIVE DISPUTE RESOLUTION

2/17/2016 CIVIL PROCEDURE FORMAL PRETRIAL PLEADINGS 1) COMPLAINT (Plaintiff)COMPLAINT − DRAFTING − FILING − SERVICE

2/17/2016 CIVIL PROCEDURE -Formal Pretrial PLEADINGS 2) RESPONSE (Defendant)(Or default)RESPONSE − ANSWER – DENIALS – AFFIRMATIVE DEFENSES

2/17/2016 CIVIL PROCEDURE PLEADINGS cont... ANSWER (Defendant) DENIALS - I didn’t do it. AFFIRMATIVE(yeah - but,) DEFENSES - yeah but, I am not liable because…..

2/17/2016 CIVIL PROCEDURE PLEADINGS RESPONSE (Defendant) COUNTERCLAIM - you injured me!! CROSSCLAIM - (not me) someone else injured you

2/17/2016 CIVIL PROCEDURE FORMAL PRETRIAL 2) DISCOVERY TOOLS a) interrogatories b) depositions c) requests for production d) independent medical exams e) request for admissions

2/17/2016 CIVIL PROCEDURE FORMAL PRETRIAL 3) MOTIONS (a formal request that a judge make an order) TO DISMISS COMPLAINT JUDGMENT ON THE PLEADINGS SUMMARY JUDGMENT (SLAM DUNKS!!)

2/17/2016 CIVIL PROCEDURE FORMAL PRETRIAL 3) MOTIONS (a formal request that a judge make an order) to compel discovery in limine - pretrial about the trial to make more definite and certain

2/17/2016 CIVIL PROCEDURE FORMAL PRETRIAL Alternative Dispute Resolution NEGOTIATION MEDIATION ARBITRATION COURT REFERRED AMERICAN ARBITRATION ASSOCIATION

2/17/2016 CIVIL PROCEDURE NEGOTIATION Parties settle out of court May be prior to hiring attorney May be brokered by judge at pretrial conference

2/17/2016 CIVIL PROCEDURE MEDIATION MAY BE COURT ORDERED INVOLVES THIRD PARTY (MEDIATOR) MEDIATOR HEARS BOTH SIDES USUALLY HAS CREDIBILITY SUGGESTS SETTLEMENT OPTIONS PARTY ARE NOT BOUND

2/17/2016 CIVIL PROCEDURE ARBITRATION MAY BE COURT ORDERED INVOLVES THIRD PARTY (ARBITRATOR) ARBITRATOR HEARS BOTH SIDES USUALLY HAS CREDIBILITY MAKES A DECISION PARTY ARE BOUND BY DECISION

2/17/2016 CIVIL PROCEDURE FORMAL PRE-TRIAL PREPARATION Subpoenas contacting witnesses preparing witnesses exhibits and displays trial notebook

2/17/2016 CIVIL PROCEDURE TRIAL PRETRIAL CONFERENCE JURY SELECTION VOIR DIRE - (question jurors) CHALLENGES − FOR CAUSE (unlimited) − PEREMPTORY (three per side)

2/17/2016 Beginning the Trial OPENING STATEMENTS PLAINTIFF DEFENDANT PLAINTIFF CASE IN CHIEF Direct examination by P Cross examination by D Redirect/Recross

2/17/2016 MIDDLE OF THE TRIAL – PRESENTING THE EVIDENCE TRIAL PLAINTIFF CASE IN CHIEF Direct examination by P Cross examination by D Redirect/Recross MOTION FOR DIRECTED VERDICT - D says P did not meet burden of proof

2/17/2016 MIDDLE OF THE TRIAL TRIAL MOTION FOR DIRECTED VERDICT - D says P did not meet burden of proof DEFENDANT’s CASE direct examination by D cross examination by P

2/17/2016 END OF THE TRIAL TRIAL CLOSING ARGUMENTS PLAINTIFF DEFENDANT PLAINTIFF JURY INSTRUCTIONS VERDICT

2/17/2016 CIVIL PROCEDURE TRIAL VERDICT - BURDEN OF PROOF - PREPONDERANCE OF THE EVIDENCE 10 OF 12 / 5 OF 6 MOTION FOR JUDGMENT ON THE VERDICT

2/17/2016 CIVIL PROCEDURE POST TRIAL MOTION FOR JUDGMENT N.O.V. (asking judge to overturn the verdict) MOTION FOR A NEW TRIAL APPEAL

2/17/2016 AFTER THE TRIAL POST TRIAL APPEAL - to a higher court Notice of Appeal Briefs Oral Argument

2/17/2016 AFTER THE TRIAL POST TRIAL APPEAL - HIGHER COURT MAY… − AFFIRM − REVERSE − REMAND − MODIFY

2/17/2016 AFTER THE TRIAL POST TRIAL ENFORCEMENT GARNISHMENT WRIT OF EXECUTION

2/17/2016 CIVIL PROCEDURE THREE STAGES PRETRIAL TRIAL POST TRIAL

2/17/2016 PRETRIAL STAGES PRETRIAL − PLEADINGS − DISCOVERY − MOTIONS − ADR

2/17/2016 TRIAL 1)VOIR DIRE 2)OPENING STATEMENTS 3)Present the EVIDENCE 4)MOTIONS (throughout) 5)CLOSING ARGUMENTS 6)VERDICT

2/17/2016 CIVIL PROCEDURE POST TRIAL − MOTIONS − APPEALS

2/17/2016 OFFICERS OF THE COURT JUDGE JURY COURT REPORTER CLERK BAILIFF ATTORNEYS

2/17/2016 CIVIL PROCEDURE QUESTIONS OR COMMENTS???