WHAT COURT? COMPLAINT SERVICE OF PROCESS PRELIMINARY MOTIONS ANSWER THE COMPLAINT DISCOVERY DUTY TO SUPPLEMENT PRE-TRIAL MOTIONS TRIALPOST-TRIAL MOTIONS APPEAL
Power to Hear Type of Case

Power over Defendant [D]

Venue: The right county/location.

 

.

 

Concise Factual Allegations Supporting Each Part of Claim

Seeking Damages or Other Relief
Process =
[1] summons +
[2] complaint

Methods of Service:

1. Personally Serving D;
2. Certified Mail;
3. Serving Corp.'s Resident Agent/President / Secretary/Treasurer

 

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For More Definite Statement

To Strike Certain Allegations

To Dismiss

* waivable defenses

* non-waivable defenses

 

 


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Specific v. General Denials

Defenses:

* Non-Waivable Defenses omitted from Preliminary Motion
* Negative Defenses
* AffirmativeDefenses

Within Scope?
* not privileged
* relevant to case
* reasonably calculated to lead to discovery of admissible evidence

Discovery Tools:

* depositions
* interrogatories
* requests for documents
* requests for admissions

All discovery responses, except depositions

Sanctions for Failure to Cooperate in Discovery?

 

Default Judgment

Involuntary Dismissals for Lack of Prosecution

Voluntary Dismissals

Summary Judgment.

 

Voir Dire: Selecting the Jury
Opening Statements

Presentation of Evidence:

* Plaintiff [P] v. Defendant [D]

--> P's Case-in-Chief
D's Motion for Judgment?
--> D's Case-in-Chief
P's Motion for Judgment?
--> Must move for judgment at close of entire case to preserve post-trial motion for JNOV!
Jury Instructions
Closing Arguments
Verdict

10-Day Motions:for Judgment Notwithstanding the Verdict [JNOV]

* for New Trial
* to Alter/Amend a Judgment

30-Day Revisory Power

 

Final Judgment?

Timely Notice of Appeal?