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CALIFORNIA CIVIL LITIGATION
LITIGATION OVERVIEW © 2005 by Thomson Delmar Learning. All Rights Reserved.
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CIVIL PROCEDURE— the process of litigation.
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TYPES OF LAW Substantive Procedural
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LITIGATION CHRONOLOGY—
litigation from beginning to end.
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By the completion of this course, you will
know the role of the litigation paralegal. have experience in each phase of civil litigation. be ready to provide litigation support.
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PRELITIGATION PHASE First contact with the prospective client
Factual investigation Legal research
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PLEADINGS— documents filed with the court. Set forth the parties’
claims, defenses, demands for relief.
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TYPES OF PLEADINGS State Court Complaints Cross-complaints Answers
Demurrers
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TYPES OF PLEADINGS Federal Court Complaints Counterclaims Cross-claims
Third party complaints Motions to dismiss
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ATTACKING THE PLEADINGS
Parties may attack defects in the opposition’s pleadings.
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ATTACKS ON PLEADINGS May: eliminate the action eliminate claims
narrow issues limit damages
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AT ISSUE— after the complaints are answered,
the case is theoretically ready for trial.
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DISCOVERY— the process of developing the facts of the case.
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DISCOVERY TOOLS Interrogatories Requests for Admission Depositions
Requests for Inspection Expert Discovery
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LAW AND MOTION— pre-trial resolution of disputes through motions made to the court.
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TRIAL PREPARATION Organization for presentation at trial:
Factual elements Legal research Evidence
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TRIAL— presentation of evidence and argument by the parties to obtain a judgment.
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POST-TRIAL MOTIONS May involve requests for: A new trial
A different judgment Attorney’s fees
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APPEAL Any “aggrieved party” may ask a higher court to reverse or modify the judgment, until the judgment is final.
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Pleadings, Discovery, Trial, Appeal
SUMMARY Pleadings, Discovery, Trial, Appeal PREVIEW Ethics, Court System, Jurisdiction
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