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Chapter 3 - Court Procedures

Chapter 3 - Court Procedures - Law Society I M W 9:30AM...

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Law & Society I M W 9:30AM, Snell 213 John Exley, ID: 0160294 09.02.08 Chapter 3: Court Procedures Pages 53-73 Section 1 – Procedural Rules Federal Rules of Civil Procedure (FRCP): The rules controlling procedural matters in civil trials brought before the federal district courts. o Stages of Litigation o The First Step: Consulting with an Attorney Types of Attorneys’ Fees Settlement Considerations Section 2 – Pretrial Procedures o The Pleadings Pleadings: Statements by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation; the complaint and answer are part of the pleadings. The Plaintiff’s Complaint Complaint: The pleading made by the plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit. ( Sometimes, the document filed with the court is called a petition or a declaration instead of a complaint .) Service of Process Service of Process: The delivery of the complaint and summons to a defendant. Summons: A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff’s complaint. The document is delivered by a sheriff or any other person so authorized. Default Judgment: A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim. Method of Service Waiver of Formal Services of Process The Defendant’s Response Answer: Procedurally, a defendant’s response to the plaintiff’s complaint. Affirmative Defenses 1 | P a g e
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Affirmative Defense: A response to a plaintiff’s claim that does not deny the plaintiff’s facts but attacks the plaintiff’s legal right to bring an action. An example is the running of the statute of limitations.
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