CALIFORNIA CIVIL LITIGATION OVERVIEW 2005 by Thomson Delmar

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CALIFORNIA CIVIL LITIGATION OVERVIEW © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

CALIFORNIA CIVIL LITIGATION OVERVIEW © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

CIVIL PROCEDURE— the process of litigation. 2

CIVIL PROCEDURE— the process of litigation. 2

TYPES OF LAW 1. Substantive 2. Procedural 3

TYPES OF LAW 1. Substantive 2. Procedural 3

LITIGATION CHRONOLOGY— litigation from beginning to end. 4

LITIGATION CHRONOLOGY— litigation from beginning to end. 4

By the completion of this course, you will ¨know the role of the litigation

By the completion of this course, you will ¨know the role of the litigation paralegal. ¨have experience in each phase of civil litigation. ¨be ready to provide litigation support. 5

PRELITIGATION PHASE ¨ First contact with the prospective client ¨ Factual investigation ¨ Legal

PRELITIGATION PHASE ¨ First contact with the prospective client ¨ Factual investigation ¨ Legal research 6

PLEADINGS— documents filed with the court. Set forth the parties’ claims, defenses, demands for

PLEADINGS— documents filed with the court. Set forth the parties’ claims, defenses, demands for relief. 7

TYPES OF PLEADINGS State Court Complaints Cross-complaints Answers Demurrers 8

TYPES OF PLEADINGS State Court Complaints Cross-complaints Answers Demurrers 8

TYPES OF PLEADINGS Federal Court Complaints Counterclaims Cross-claims Third party complaints Motions to dismiss

TYPES OF PLEADINGS Federal Court Complaints Counterclaims Cross-claims Third party complaints Motions to dismiss 9

ATTACKING THE PLEADINGS Parties may attack defects in the opposition’s pleadings. 10

ATTACKING THE PLEADINGS Parties may attack defects in the opposition’s pleadings. 10

ATTACKS ON PLEADINGS May: ¨eliminate the action ¨eliminate claims ¨narrow issues ¨limit damages 11

ATTACKS ON PLEADINGS May: ¨eliminate the action ¨eliminate claims ¨narrow issues ¨limit damages 11

AT ISSUE— after the complaints are answered, the case is theoretically ready for trial.

AT ISSUE— after the complaints are answered, the case is theoretically ready for trial. 12

DISCOVERY— the process of developing the facts of the case. 13

DISCOVERY— the process of developing the facts of the case. 13

DISCOVERY TOOLS Interrogatories Requests for Admission Depositions Requests for Inspection Expert Discovery 14

DISCOVERY TOOLS Interrogatories Requests for Admission Depositions Requests for Inspection Expert Discovery 14

LAW AND MOTION— pre-trial resolution of disputes through motions made to the court. 15

LAW AND MOTION— pre-trial resolution of disputes through motions made to the court. 15

TRIAL PREPARATION Organization for presentation at trial: ¨Factual elements ¨Legal research ¨Evidence 16

TRIAL PREPARATION Organization for presentation at trial: ¨Factual elements ¨Legal research ¨Evidence 16

TRIAL— presentation of evidence and argument by the parties to obtain a judgment. 17

TRIAL— presentation of evidence and argument by the parties to obtain a judgment. 17

POST-TRIAL MOTIONS May involve requests for: ¨ A new trial ¨ A different judgment

POST-TRIAL MOTIONS May involve requests for: ¨ A new trial ¨ A different judgment ¨ Attorney’s fees 18

APPEAL Any “aggrieved party” may ask a higher court to reverse or modify the

APPEAL Any “aggrieved party” may ask a higher court to reverse or modify the judgment, until the judgment is final. 19

SUMMARY Pleadings, Discovery, Trial, Appeal PREVIEW Ethics, Court System, Jurisdiction 20

SUMMARY Pleadings, Discovery, Trial, Appeal PREVIEW Ethics, Court System, Jurisdiction 20