March 4, 2011Civil Procedure

Civil Procedurethe Cause of ActionA cause of action is a factual situation that creates a legally recognized right to damages or other relief.

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

Jurisdiction (cont.)Subject Matter Jurisdictionfederal court jurisdictionstate court jurisdiction

Personal Jurisdiction

In Rem Jurisdiction

PLEADINGSDocuments that define the nature of the disputeFollow set formatJudicial Council FormsPrepared on pleading paper with statutory requirements

Civil Pleadings: FederalComplaintAnswerCounterclaimCross-Claim Third-party Complaint

CIVIL PLEADINGS: STATECOMPLAINTANSWERDEMURRERCROSS COMPLAINTANSWER OR DEMURRER TO CROSS COMPLAINT

THE BASIC COMPONENTS1.the Caption2.the Allegations3.the Prayer4.the Date & the Address, Telephone Number, and Signature of the attorney for the plaintiff (AND S.B. NO.)

SummonsSummons: 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.

LITIGATION PROCESSCOMPLAINT FILED AND SUMMONS ISSUEDCOMPLAINT AND SUMMONS SERVED ON DEFENDANTDEFENDANT RESPONDS OR DEFAULTSResponses: Answer, Demurrer, Motion, Cross complaintDEFENDANTS CROSS COMPLAINT ANSWERED ETC.DISCOVERY CONDUCTED(MOTIONS, PRETRIAL HEARINGS, ADR)TRIALAPPEAL

Service of ProcessPersonal ServiceSubstituted ServicePublicationService by MailWaiver(Acknow-ledgement of Receipt)Who Can ServeDate of ServiceProof of Service

The AnswerAnswer: The most common response filed by a defendant is called an answerAffirmative DefensesGeneral DenialSpecific Denial

Pretrial MotionsNotice of MotionDeclaration in Support of MotionMemorandum of Points and Authorities in Support of MotionDeclaration in Opposition to MotionMemorandum of Points and Authorities in Opposition to Motion

DiscoveryInterrogatoriesRequest for AdmissionsRequest to Produce or InspectDepositionRequest for Medical ExaminationEXPERT Disclosure