1. Jody Blanke Professor of Computer Information Systems and Law
Litigation
Jody Blanke
Professor of Computer Information Systems and Law

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

3. 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

4. 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

5. 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

6. 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

7. 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”

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

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

10. 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

11. 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