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Chapter 4-Flow Chart

Chapter 4-Flow Chart - 6 Attorneys present closing...

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Legal 2700 Chapter 4 (Litigation) Flow Chart 01/28/09 PRETRIAL PROCEDURES 1) Plaintiff files complaint a) Pleadings 2) Complaints and Summons served on defendant a) Standing to sue b) Long Arm Statutes c) Extradition 3) Defendant files motion or answer with possible counterclaim and defense a) Third Party Defendants b) Default c) A motion to dismiss for failure to state a cause of action 4) Court rules on motions 5) Plaintiff files reply on answer 6) Attorney conducts discovery procedures a) Interrogatives b) Request for production of Documents c) Depositions d) Request for an admission 7) Parties may file motion for summary judgment or judgment on pleadings a) Affidavits 8) Courts conduct pretrial conference TRIAL STEPS 1) Voir Dire- Parties and their attorneys select jury a) Premptory challenge 2) Attorneys present opening statements 3) Plaintiff presents evidence through witnesses
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Legal 2700 Chapter 4 (Litigation) Flow Chart 01/28/09 4) Defendant moves for direct verdict 5) Defendant presents evidence through witnesses
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Unformatted text preview: 6) Attorneys present closing arguments a) Burden of Proof b) Burden of Persuasion i) Beyond Reasonable Doubt ii) Perponderance of evidence iii) Clear and convincing proof 7) Court instructs jury on law a) Jury Instructions 8) Jury deliberates and makes decision a) Verdict 9) Judge enters judgment on verdict 10) Losing party files posttrial motion a) Judgment notwithstanding the verdict APPELLATE REVIEW 1) Party receiving judgment files notice of appeal a) Appellant/Appellee b) Petitioner/Respondant 2) Parties file brief in reviewing court 3) Oral arguments made in reviewing court 4) Reviewing court announces decision 5) Further review may be requested by petition to higher court a) Writ of certiorari 6) Higher court allows or denies further review 7) Final Decision a) Res Judicata Legal 2700 Chapter 4 (Litigation) Flow Chart 01/28/09 b) Execution c) Garnishment...
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