Steps and Stages in A Civil Lawsuit Flashcards
Plaintiff ( π )
Victim
Starts litigation
Litigation
Process of starting and maintaining a lawsuit
Defendant ( Δ )
Person against whom a legal claim is made
Summons
Court order to answer or respond to the complaint within a time limit
Pleadings
I. The plaintiff’s complaint
II. Includes all of the Plaintiff’s allegations against the defendant, constituting their legal claim against the defendant AND demand for relief (usually money or other legal remedy; ex. restraining order)
Defendants Pleading
“Answer” contains admissions, denials, defenses, unsures, and counterclaims
Discovery
I. Pretrial, exchange of information between the parties, as well as investigation
II. Demands for the production of documents and things for copying and inspection
Subpoena
Materials that may be held by others “non-parties” by demand (in discovery)
Deposition
Pre-trial ORAL interview of prospective witnesses ; (both attorneys are present and a stenographer)
Interrogatory
I. WRITTEN questions sent to one party from another
II. Recipient must answer in WRITING, swearing that all answers are true and correct
Independent Medical Exam
If a personal; injury is alleged by one of the parties, the other may require an independent medical examination to confirm
Trial Itself
I. Begins with Jury selection
II. Opening Statements: each party presents a summary of their version of the case and what they intend to prove or disprove
III. Plantiff’s Case and Chief
IV. Defendants Case and Chief
V. Closing Statements/Arguments
VI. Jury Instructions
VII. Deliberation: jury discusses the evidence and tries to reach a verdict/decision
VIII. Verdict/Decision
Plaintiff’s Case and Chief
In order for the plaintiff to prevail, they must present evidence substantiating their claim
Burden of Proof
Having weight greater than evidence submitted to the contrary by defense; “preponderance of the evidence”
Defendants Case and Chief
Defendant calls their witness and introduces all physical documentary evidence
