Pre-Trial Procedures

Pre-Trial Procedures 

(Stages of Litigation)

Ø Pleadings.

Ø Discovery.

Ø Pre-Trial.

Ø Trial.

Ø Post-Trial.

1^st Stage: Pleadings-Complaint

Prepare Pleadings

File Petition/Complaint.

Court acquires jurisdiction over subject matter and Plaintiff.

Facts: what happened?

Prayer: Court relief.  

Pleadings-Service

Defendant served with Complaint and Summons.

Court acquires Personal Jurisdiction over Defendant (person or corporation).

Corporate Defendants served via Registered Agent. If the Defendant is out-of-state, Court can acquire jurisdiction by “long-arm” statutes.

Case 3.1:  Rio Properties v. Rio International Interlink (2002)

Pleadings-Answer

The Answer is the Defendant’s response to the allegations stated in the Plaintiff’s Complaint.

In the Answer, the Defendant must specifically admit or deny each allegation in the Complaint.

Pleadings-Answer

Defendant’s Answer:

§States General Denial.

§Move for Change of Venue.

§Allege Affirmative Defenses.

§Counter Claim against Plaintiff.

Answer-Affirmative Defense

Defenses in which the defendant essentially claims that even if all of the plaintiff’s allegations are true, the plaintiff cannot win because there is a more powerful law on the defendant’s side that will allow the defendant to win.

Fraud is an example of an affirmative defense that might be asserted in a breach of contract case.

Burden of proof is on the Defendant to show fraud actually took place.

Answer-Counter or Cross Claims

A counterclaim is a lawsuit filed by the Defendant against the Plaintiff, in response to the original complaint.  A cross-claim is against a co-Plaintiff or co-Defendant.

Answer-Motion to Dismiss

Defendant can move the Court to dismiss the Action for various reasons, such as:

The Court lacks jurisdiction.

The Plaintiff has failed to make all of the allegations, in his Complaint, that the law requires (i.e., the plaintiff has failed to state a cause of action).

Pleadings-Answer

Move to Dismiss.

Motion for Judgment on Pleadings.

Motion for Summary Judgment.

Case 3.2: Ausley v. Bishop (1999).

2^nd Stage: Discovery

Discovery is the process by which parties obtain information from the opposing party prior to trial.

Depositions & Interrogatories.

Requests for Admissions.

Requests for Production Of Documents, Object and Entry.

3^rd Stage: Litigation-Pretrial

Mediation-Arbitration.

Disposition without Trial.

Default Judgments.

Dismissals  (With/Without Prejudice)

Summary Judgment.

Settlement.

Pre-Trial Orders (ex:TRO, In Limine).