1. PRE-SUIT CONSIDERATIONS
Consulting with an Attorney: The first step to take when contemplating a lawsuit, as well as when facing a lawsuit, is to consult with a qualified attorney.

2. Legal Fees:
Legal Fees: The anticipated expenses of investigating and prosecuting or defending the case, if necessary through an appeal, and the manner in which those fees will be paid.
Fixed Fees: A flat rate for the attorney’s time and effort, typically excluding expenses for expert witnesses, depositions, etc.

3. Legal Fees:con’t
Hourly Fees: A fee based on the attorney’s time expended on the matter, sometimes varying depending on whether that time is spent researching, engaging in discovery, or before the court.

4. Legal Fees; con’t
Contingent Fees: Typically set as a percentage (or a declining percentage) of the damages recovered in the event of a successful outcome.

5. Who Pays an Attorney’s Fee?
Generally, unless statutorily or contractually authorized, attorneys’ fees are not awardable to a winning party. Thus, the basic answer is that everyone pays his or her own attorney’s fee.

6. PLEADINGS
Pleadings: Written documents that inform each of the parties of one another’s claims and defenses and specify the issues involved in the lawsuit. The primary pleadings are:
(1) Plaintiff’s Complaint/Petition, which sets forth the claims asserted by the party seeking affirmative relief.

7. Complaint
A civil complaint initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., Negligence, Battery, assault), and the facts supporting each Cause of Action.
The complaint also serves as notice to the defendant that legal action is underway.

9. Complaint
The caption opens the complaint and identifies the location of the action, the court, the docket or file number, and the title of the action and identifies each party to the action.

11. PLEADINGS (2) Defendant’s Answer, which:
(a) responds to the claims set forth in the Complaint or Petition and, where appropriate,
(b) asserts affirmative defenses (reasons why the plaintiff’s claims fail or are limited as a matter of law or equity), and, where appropriate,
(c) asserts counterclaims (claims for affirmative relief asserted by the defendant).
If the defendant does not answer within the time allotted by the applicable rules, the plaintiff may seek a default judgment.

13. PLEADINGS; con’t
If the defendant asserts a counterclaim, the plaintiff may file a Reply.

14. SERVICE OF PROCESS
Once the plaintiff has filed her complaint or petition, she must have each defendant served with process – typically, a copy of the complaint and a summons from the court informing each defendant of his obligation to answer or otherwise appear within a specified time or risk default.

15. Means of Service
An individual defendant may be served at his residence or at his principal place of business;
A corporate defendant may be served by serving an officer or registered agent, designated for the purpose of receiving service;
A partnership defendant may be served by serving any (general) partner.

16. Homework
Read chapter 3.
Summarize Case 3.1 “

17. Motions to Dismiss and Other Pre-Answer Motions
a defendant’s pre-answer motion to dismiss may be based on the court’s lack of subject matter or personal jurisdiction, improper venue, insufficiency of process or service of process, or the defendant may raise these defenses in his or her answer.**
**some of these must be raised at this stage, or they are deemed waived.

18. Motion for Summary Judgment
if no facts are in dispute and only questions of law are at issue, either party can file a motion for summary judgment. A trial might be avoided if no facts are in dispute and only questions of law are at issue. In ruling on a motion for summary judgment, a court can consider evidence outside the pleadings.

19. Discovery
To prepare for trial, parties obtain information from each other and from witnesses through the process of discovery. These devices save time by preserving evidence, narrowing the issues, preventing surprises at trial, and avoiding a trial altogether in some cases.

20. Depositions
Sworn testimony, recorded by a court reporter and often by videotape, of the parties and other key witnesses. Depositions are taken prior to trial, and are often used to obtain the testimony of witnesses who cannot be compelled to attend and testify at trial.

21. Interrogatories
Interrogatories are written questions asked of a party, who responds in writing.

22. Requests for Admissions
A request for an admission is a written request that a party admit the truth of a matter in writing.
Questions to the responding party phrased in an “admit” or “deny” format, giving no opportunity for explanation, and binding the responding party to its admissions.

23. Requests for Documents, Objects, and Entry upon Land
A request for documents, objects, and entry on land is a written request to inspect these items.

24. Case 3.2: Computer Task Group, Inc. v. Brotby

25. Request for Examination
Physical and or mental examination by doctors hired by the opposing side.
Only done where the plaintiff’s physical or mental condition have allegedly been injured by defendant.