1. Chapter Twelve Civil Procedure Before Trial
Hames/Ekern: Introduction to Law, 3rd edition

2. Civil Procedure the Cause of Action
A cause of action is a factual situation that creates a legally recognized right to damages or other relief.
Hames/Ekern: Introduction to Law, 3rd edition

3. Hames/Ekern: Introduction to Law, 3rd edition
Jurisdiction
Original Jurisdiction: is the power to first hear a case; court of original jurisdiction is where the trial takes place
Jurisdiction: is the power or authority to act in a certain situation; the power of a court to hear cases and render judgments
Hames/Ekern: Introduction to Law, 3rd edition

4. Hames/Ekern: Introduction to Law, 3rd edition
Jurisdiction (cont.)
Subject Matter Jurisdiction
federal court jurisdiction
state court jurisdiction
Personal Jurisdiction
In Rem Jurisdiction
Hames/Ekern: Introduction to Law, 3rd edition

5. Hames/Ekern: Introduction to Law, 3rd edition
Civil Pleadings
Complaint
Answer
Counterclaim
Cross-Claim
Third-party Complaint
Hames/Ekern: Introduction to Law, 3rd edition

6. The Complaint (the basic components)
1. the Caption
2. the Allegations
3. the Prayer
4. the Date & the Address, Telephone Number, and Signature of the attorney for the plaintiff
Hames/Ekern: Introduction to Law, 3rd edition

7. Hames/Ekern: Introduction to Law, 3rd edition
Summons
Summons: is one of the documents used to begin a legal action; it is served on the defendant and tells the defendant to appear in court and respond to the charge or risk a default.
Hames/Ekern: Introduction to Law, 3rd edition

8. Hames/Ekern: Introduction to Law, 3rd edition
Service of Process
Personal Service
Substituted Service
Publication
Service by Mail
Waiver
Who Can Serve
Date of Service
Proof of Service
Hames/Ekern: Introduction to Law, 3rd edition

9. Hames/Ekern: Introduction to Law, 3rd edition
The Answer
Answer: The most common response filed by a defendant is called an answer
Affirmative Defenses
General Denial
Specific Denial
Hames/Ekern: Introduction to Law, 3rd edition

10. Hames/Ekern: Introduction to Law, 3rd edition
Pretrial Motions
Notice of Motion
Declaration in Support of Motion
Memorandum of Points and Authorities in Support of Motion
Declaration in Opposition to Motion
Memorandum of Points and Authorities in Opposition to Motion
Hames/Ekern: Introduction to Law, 3rd edition

11. Hames/Ekern: Introduction to Law, 3rd edition
Discovery
Interrogatories
Request for Admissions
Request to Produce or Inspect
Deposition
Request for Medical Examination
Disclosure
Hames/Ekern: Introduction to Law, 3rd edition