1. Chapter 6: Litigation Documents
Summons, Complaint, Answer
&
Discovery Documents

2. §6.1 The Summons Process = Service of Process Summons & Complaint
Presenting the summons & complaint to defendant

3. Fulfills due process requirements
Summons
Fulfills due process requirements
Noticing a defendant requires:
1. original complaint and copy of summons filed with court
2. summons issued by court
3. summons & complaint both served on defendant
4. process server must be over 18 & not a party to action
5. affidavit of service, called Return of Service, filled out by process server
6. file Return of Service filed with the court
Service by Publication
Generally, requires court order

4. DISTRICT COURT OF CLARK COUNTY
STATE OF CONFUSION
JOHN DOE, )
Plaintiff. )
vs. ) SUMMONS )
Phillip Duncan, )
Defendant. )
_____________________ )
NOTICE!! YOU HAVE BEEN SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU
RESPOND WIThIN 20 DAYS. READ THEINFORMATION BELOW.
TO THE DEFENDANT(S): A civil complaint has been filed by the Plaintiff against you for the relief set forth in the Complaint.
1. If you intend to defend this lawsuit, within 20 days after this Summons is served on you, exclusive of the day of service, you must do the following:
a. File with the Clerk of this Court, whose address is shown below, a formal written response to the Complaint in accordance with the rules of the Court with the appropriate filing fee.
b. Serve a copy of your request upon the attorney whose name is shown below.
2. Unless you respond, your default will be entered upon application of the Plaintiff and this Court may enter a judgment against you for the relief demanded in the Complaint, which could result in the taking of money or property or other relief requested in the Complaint.
3. If you intend to seek the advice of an attorney in this matter, you should do so promptly so that your response may be filed on time.
4. The State of Confusion, its political subdivisions, agencies, officers, employees, board members, commission members and legislators, each have 45 days after service of this Summons within which to file an answer or other responsive pleading to the Complaint.
CLERK OF COURT
____________________________ By: _____________________________________
Sue M. Daily
Attorney for Plaintiff

5. §6.2 The Complaint Five Elements: 1. Caption 2. Jurisdiction
3. Cause of Action
4. Ad Damnum Clause
5. Subscription

6. DISTRICT COURT OF CLARK COUNTY
Caption
DISTRICT COURT OF CLARK COUNTY
STATE OF CONFUSION
JOHN DOE, )
Plaintiff. )
vs. ) SUMMONS )
Phillip Duncan, )
Defendant. )
______________ )
Court Hearing Matter »
Names of Parties »
Title of Document »

7. Jurisdiction Types of jurisdiction: In personam In rem Quasi in rem
Address of π/Δ
In rem
Place of controversy
Quasi in rem
Note:
Federal Complaints require
(Jurisdictional Statement)
1. Plaintiff is now and at all times relevant has been a resident of El Paso County, Colorado.
2. Defendant is now and at all times has been a resident of Kiowa County, Colorado.
3. The accident in controversy occurred in Denver County, Colorado.
4. The defendant owns property in Denver County, Colorado, which is subject to attachment for damages awarded plaintiff in Green v. Jones …

8. (Allegations All Defendants)
Numbering Paragraphs
Fact Pleading vs. Notice Pleading
Notice Pleading =
Notice of claims
Fact Pleading =
Set forth prima facie case in CM
Verified Complaints
Plaintiff attests to validity
General Allegations
(Allegations All Defendants) I.
Plaintiffs are and at all times have been
residents of Clark County, State of XXX.
II.
Defendants are now and at all times
relevant have been residents of Clark
County, State of XXX.
III.
On or about October 23, 3004, Defendant
was driving a taxi, in which Plaintiff(s)
were passengers. Defendant, traveling
north on Sahara Blvd., was traveling 60
m.p.h. in a 30 m.p.h. zone.

9. Cause of Action Claim for Relief Examples: Negligence »
Negligence per se
Breach of Contract
Trespass
Etc.
“Defendant had a duty to properly obey traffic laws of the state and county where the accident occurred, and by failing to do so acted in a negligent manner.”

10. Ad Damnum Clause = Prayer for Relief = Wherefore Clause
Wherefore, Plaintiff prays for judgment
against the Defendant as follows:
For general damages in excess of $10, according to proof;
For loss of earnings and earning capacity according to proof;
For medical expenses, future medical expenses and all incidental expenses according to proof;
For interest from the date of accident to the time of judgment;
For costs of suit incurred herein;
For attorney fees incurred herein, and
For such other and further relief as the Court deems proper.

11. Subscription Signature line __________________ Attorney Name
State Bar No
Firm Name
Address
Attorney for Plaintiffs/Defendants

12. §6.2 Tort Causes of Action Tort = Civil Wrong Intentional Torts:
Defamation, Libel, Slander
Wrongful (False) Imprisonment
Malicious Prosecution/Abuse of Process
Trespass & Nuisance
Assault
Battery
Misrepresentation
Conversion
Intentional Infliction of Emotional Distress
Negligent Torts:
Negligence: Duty, breach, damages
Negligence per se: Violation of law
Wrongful Death

13. Contract Causes of Action
Contract = Agreement between parties
Breach of Contract
Bad Faith
Breach of Fiduciary Duty

14. Establishing Causes of Action
General Allegations
Jurisdictional statements
Facts
General Allegations
(Against All Defendants) I.
Plaintiffs are and at all times relevant have been residents of Clark County, State of Confusion
II.
Defendants are now and at all times relevant have been residents of Clark County, State of Confusion
III.
On or about October 23, 2004, Defendant was driving a taxi, in which Plaintiff(s) were passengers. Defendant, traveling north on Sahara Blvd., was traveling 60 m.p.h. in a 30 m.p.h. zone.
IV.
At the intersection of Sahara and Paradise Road, Defendant failed to stop for a red light. V.
Defendant’s taxi subsequently struck a vehicle traveling south bound on Paradise Road. The vehicle which was struck possessed the right of way.

15. §6.5 The Claim: 3-Step Cause of Action
Caption Claim:
FIRST CLAIM FOR RELIEF:
Negligence
3-Step Cause of Action:
Incorporation Paragraph
“Plaintiff hereby incorporates and realleges Paragraphs 1 through 7, as though fully set forth at length herein.”
Cause of Action
“Defendant had a duty to properly obey the traffic laws of the state and county where the accident occurred, and by failing to do so acted in a negligent manner.”
Alleges Damages
“As a result Defendant’s negligent conduct stated above, Plaintiff has suffered specific damages, including but not limited to medical expenses and lost wages.”

16. Proper Court Paper Open line indicators Pleading Paper
/// indicates that the last lines on the page have been intentionally left blank
Pleading Paper
Numbered legal paper
Standard: 28 lines
Used for: pleadings, discovery, other court documents

17. §6.8 The Answer Answer: Responses: Defendant’s response to Complaint
Answer each paragraph of the complaint
E.g., “Defendant hereby admits allegations contained in paragraphs 1, 4, 5 of Plaintiff’s Complaint.”
Responses:
Admit
Deny
Neither admitted or denied due to lack of knowledge/information

18. Affirmative Defenses & Counterclaims
Defendant admits that event occurred, but denies liability
No damages claimed
Counterclaims:
Defendant’s claim for damages against Plaintiff

19. All discovery is conducted under oath
Discovery = period to “Discover” facts
Plaintiff serves discovery on defendant
Defendant serves discovery on plaintiff
Purposes of discovery:
To clarify issues
Eliminate surprise
Limit the length of the trial
All discovery is conducted under oath

20. Discovery Techniques Interrogatories Requests for Admissions
Written questions
Requests for Admissions
Asks opponent to admit certain facts
E.g., “Admit that you were the driver of the vehicle, license number 123 TYU, on November 4, 2004 at 10:00 p.m.”
Requests for Production and Inspection of Documents
Asks other party for documents (medical records, etc.)
Depositions
Oral questions

21. Discovery is continuing in nature
§6.12 Interrogatories
Interrogatories = written questions
Limited Discovery:
Some states limit the number of interrogatories or provide form interrogatories
Format
Caption
Instructions
Include instruction providing that interrogatories are continuing in nature
Interrogatories (Questions)
Discovery is continuing in nature

22. §6.13 Answers to Interrogatories
Procedure:
Date Stamp Interrogatories
Tickle date due (and prior)
Responding:
Attorney responds
Client responds by him/herself
Client responds with help
Objections:
Interrogatories may be objected to based on relevance, burden, etc.
Extension of Time
Should be requested IN ADVANCE of due date

23. §6.14 Interrogatory Techniques
Use formbooks & templates
Technique One:
Personal information
Technique Two:
Financial information
Technique Three:
Facts

24. §6.16 Requests for Admissions
Request for admission of facts
Establishes facts for trial
E.g., “Admit that you are the owner of a blue Chevrolet, license no. 897 IUO”
Responding to Requests
Date stamp
Tickle due date
If response is not timely (30 days), the request is deemed admitted!!!!

25. §6.17 Request for Admissions: Responses
Admitted
Denied
Neither admitted nor denied due to lack of sufficient information with which to respond
Specific reason must be given
Neither admitted nor denied due to vagueness of the request
Omit a response
NOT a good idea
May be deemed admitted

26. §6.18 Request for Admission Techniques
Use formbooks & templates
Technique One:
Verify or corroborate interrogatories
E.g., Admit or that you have been an employee of the U.S. Postal Service for eight (8) years.
Technique Two:
Gives choices, or degrees of liability
Technique Three:
Force the party to commit

27. §6.20 Requests for Production
Production of:
Documents (medical reports, etc.)
Pictures, designs/drawings
Contracts
Corporate records
Discoverable Materials:
Materials relevant to litigation that:
Do not violate 5th amendment
Are not privileged
Request for Production:
21. Produce any and all documents that evaluate compliance by the defendant with the terms of the July 16, 2001 contract which is in dispute in this litigation.

28. §6.22 Non-Discoverable Material
Attorney work-product
Material produced in anticipation of litigation
Privileged information
Attorney-client privilege:
Applies to paralegal and other staff:
1. Communication must be private
2. Must remain private
3. Must fall within scope of paralegal’s duties
Production of Documents:
Withhold attorney-client documents
Withhold document prepared in anticipation of litigation

29. §6.23 Responding to Production
Date Stamp Requests
Tickle date due (and prior for preparation)
Producing Documents:
Request documents from client
Review them carefully
For privileged matters, other non-discoverable docs
Review for discrepancies
Motion to Compel
Other party may file a Motion to Compel for force answers/responses if answers are non-responsive, privileged is claimed, etc.

30. Request for Production: Inspection
Inspect documents produced
1. Be thorough
2. When in doubt, copy
Inspecting is like looking for a needle in a haystack, so remember it’s an important job:
Your inspection could win or lose the case!!!

31. Verification of Discovery
Answers to discovery must usually be verified
Verification
State of Nowhere ) )
County of Who )
I, _____, being first duly sworn, deposes and says:
That I am the Plaintiff in the above-entitled action; that I have read the foregoing ANSWERS TO INTERROGATORIES and know the contents thereof; the same is true of my own knowledge except as to those matters therein stated on information and belief and, as to those matters, I believe them to be true.
_______________
Name
SUBSCRIBED AND SWORN
to before me this ___ day
of ______.
____________
NOTARY PUBIC in and for
said County and State

32. §6.24 Depositions Depositions = oral questions Setting:
Both attorney’s present
Court reporter transcribes testimony
Deposition testimony is under oath

33. §6.25 Preparing for the Deposition
1. Set the deposition
Contact attorneys, witness
Agree on time and place (generally)
Send follow-up letter memorializing agreement
2. Send Deposition Notice and Subpoena
Subpoena witness to be deposed
3. Prepare deposition questions
Resources:
Pleadings
Discovery documents
Research sources (Am.Jur. Pleadings and Practice, etc.)

34. §6.26 Deposition Follow-Up
Transcript Review
Deponent should review transcript
Sign under oath
Deposition Index
Alphabetical index of subjects covered in deposition
Generally a matter of computer software

35. §6.28 Deposition Summary Deposition Summary = Digest Purpose: Methods:
Relate relevant material
2. Don’t alter the context of the material
3. Avoid editorializing in the summary
Methods:
1. Topical Summary
2. Page-by-Page Summary