Steps in Civil Litigation Flashcards
What is the first stage of litigation, and what key documents are involved?
The first stage is Pleadings, involving the complaint, answer, counterclaims, and any pretrial motions.
What occurs during the discovery phase of litigation?
During discovery, parties exchange information through depositions, interrogatories, requests for production of documents, and subpoenas.
Why is the pretrial stage critical in litigation?
The pretrial stage involves case evaluation, motions to resolve disputes, and preparation for trial, potentially leading to settlement.
What happens during the trial stage of litigation?
The trial stage includes opening statements, presentation of evidence, witness testimonies, cross-examinations, and concluding with closing arguments and a verdict.
What is the purpose of the appeals stage in litigation?
The appeals stage allows parties to challenge the trial court’s decision in a higher court, focusing on legal errors rather than factual disputes.
What is a common goal of the discovery phase?
The goal is to gather evidence, clarify facts, and prepare for trial by ensuring both parties have access to relevant information.
Which stage of litigation typically involves motions to dismiss or motions for summary judgment?
These motions are often filed during the Pleadings or Pretrial stages.
How can a case be resolved without reaching the trial stage?
Cases can be resolved through settlements, mediation, arbitration, or summary judgment during the pretrial stage.
What types of documents might be included in the pleadings phase?
Documents include the complaint, answer, counterclaims, cross-claims, and replies.
Who has the burden of proof during the trial stage?
The burden of proof typically lies with the plaintiff, who must prove their case by a preponderance of the evidence (in civil cases).
How does the appeals process differ from the trial stage?
The appeals process reviews legal issues from the trial, rather than re-examining facts or introducing new evidence.
What is the role of a jury in the trial stage?
The jury evaluates evidence and determines facts to decide the verdict, unless the trial is bench (judge-only).
What is the main purpose of the pleadings stage?
The pleadings stage sets out the claims and defenses of the parties and outlines the basic framework of the dispute.
What is a deposition, and during which stage does it occur?
A deposition is a sworn, out-of-court testimony by a witness or party, occurring during the Discovery stage.
What are interrogatories in the discovery process?
Interrogatories are written questions that one party sends to another, requiring written answers under oath.
What is a motion for summary judgment, and when is it typically filed?
A motion for summary judgment requests the court to decide the case without a trial, usually during the Pretrial stage.
How does alternative dispute resolution (ADR) relate to litigation?
ADR methods like mediation and arbitration can resolve disputes without litigation or may be used during pretrial to settle cases.
What role do subpoenas play in the discovery process?
Subpoenas compel witnesses to testify or produce documents relevant to the case.
When might a case be dismissed during litigation?
A case may be dismissed during the Pleadings or Pretrial stages if there are legal deficiencies in the complaint or lack of evidence.
What is the difference between direct examination and cross-examination in a trial?
Direct examination involves questioning by the party who called the witness, while cross-examination is questioning by the opposing party.
What happens if a party fails to comply with discovery obligations?
The court may impose sanctions, such as fines, exclusion of evidence, or dismissal of claims.
How are settlement discussions encouraged during the litigation process?
Courts often encourage settlement through pretrial conferences, mediation, or negotiation between parties.
What is the purpose of closing arguments in a trial?
Closing arguments summarize the evidence and persuade the judge or jury to rule in favor of the presenting party.
What is a verdict, and who delivers it in a trial?
A verdict is the final decision on the case, delivered by the jury or judge, depending on the type of trial.
