BASIC STEPS IN A CIVIL LAWSUIT

INITIAL PLEADINGS

• TO DISMISS
• FOR SUMMARY JUDGMENT

THEY CAN BE: GRANTED OR DENIED

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SERVICE OF PROCESS

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• DEPOSITIONS
• PRE-TRIAL CONFERENCES
• SETTLEMENTS
• PRE-TRIAL MOTIONS
• REQUESTS FOR PRODUCTION OF EVIDENCE
• INTERROGATORIES
• REQUESTS FOR ADMISSION

IT MAY BE A COUNTER-CLAIM

PRE-TRIAL MOTIONS

SUMMMONS

DISCOVERY

COMPLAINT

ANSWER

IT MUST INCLUDE:

• CAUSE OF ACTION
• RELIEF
• LEGAL AND FACTUAL REASONS

BASIC STEPS IN A CIVIL LAWSUIT

TRIAL STAGE

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IT MAY BE A:BENCH TRIAL OR JURY TRIAL - STANDARD OF PROOF: PREPONDERANCE OF EVIDENCE

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• DIRECT EVIDENCE: it speaks for itself: eyewitness accounts, a confession, or a weapon
• CIRCUMSTANTIAL EVIDENCE: it suggests a fact by implication or inference: the appearance of the scene of a crime, testimony that suggests a connection or link with a crime, physical evidence that suggests criminal activity

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CLOSING ARGUMENTS

TRIAL

JURY INSTRUCTIONS

OPENING STATEMENTS

EVIDENCE

BASIC STEPS IN A CIVIL LAWSUIT

• MOTION FOR APPEAL

The appellate court may dismiss the appeal, hear and affirm the judgment, reverse it, or send it back to the trial court to correct legal errors

POST-TRIAL MOTIONS

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• MOTION FOR A NEW TRIAL
• MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT

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THE JURY FINDS FOR or AGAINST THE PLAINTIFF

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fAILURE TO COMPLY WITH THE JUDGMENT MAY LEAD TO CONTEMPT OF COURT, PROSECUTION, PENALTIES

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ORDER THAT CONCLUDES THE TRIAL

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VERDICT

ENFORCEMENT

JURY DELIBERATION

ENTERING OF JUDGMENT

BASIC STEPS IN A CIVIL LAWSUIT