1. March 4, 2011
Civil Procedure

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.

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

4. Jurisdiction (cont.) Subject Matter Jurisdiction
federal court jurisdiction
state court jurisdiction
Personal Jurisdiction
In Rem Jurisdiction

5. PLEADINGS Documents that define the nature of the dispute
Follow set format
Judicial Council Forms
Prepared on “pleading paper” with statutory requirements

6. Civil Pleadings: Federal
Complaint
Answer
Counterclaim
Cross-Claim
Third-party Complaint

7. CIVIL PLEADINGS: STATE
COMPLAINT
ANSWER
DEMURRER
CROSS COMPLAINT
ANSWER OR DEMURRER TO CROSS COMPLAINT

8. 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 (AND S.B. NO.)

9. Summons
Summons: 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.

10. LITIGATION PROCESS COMPLAINT FILED AND SUMMONS ISSUED
COMPLAINT AND SUMMONS SERVED ON DEFENDANT
DEFENDANT RESPONDS OR DEFAULTS
Responses: Answer, Demurrer, Motion, Cross complaint
DEFENDANT’S CROSS COMPLAINT ANSWERED ETC.
DISCOVERY CONDUCTED
(MOTIONS, PRETRIAL HEARINGS, ADR)
TRIAL
APPEAL

11. Service of Process Who Can Serve Date of Service Proof of Service
Personal Service
Substituted Service
Publication
Service by Mail
Waiver(Acknow-ledgement of Receipt)
Who Can Serve
Date of Service
Proof of Service

12. The Answer
Answer: The most common response filed by a defendant is called an answer
Affirmative Defenses
General Denial
Specific Denial

13. 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

14. Discovery Interrogatories Request for Admissions
Request to Produce or Inspect
Deposition
Request for Medical Examination
EXPERT Disclosure