Ch+3+-+PT+2-NOTES-S10-tracs

Ch+3+-+PT+2-NOTES-S10-tracs - Dr. Deborah Pomeroy BLaw...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Dr. Deborah Pomeroy BLaw 2361- S10 Ch. 3 (Part 2) STEPS IN CIVIL LITIGATION PRE-SUIT CONSIDERATIONS [not responsible for this] Consulting with an Attorney: The first step to take when contemplating a lawsuit, as well as when facing a lawsuit, is to consult with a qualified attorney. Legal Fees: DEF: The anticipated expenses of investigating and prosecuting or defending the case, if necessary through an appeal, and the manner in which those fees will be paid. TYPES: Fixed Fees : A flat rate for the attorneys time and effort, typically excluding expenses for expert witnesses, depositions, etc. Hourly Fees: A fee based on the attorneys time expended on the matter, sometimes varying depending on whether that time is spent researching, engaging in discovery, or before the court. Contingent Fees: Typically set as a percentage (or a declining percentage) of the damages recovered in the event of a successful outcome.--You should have an EMPLOYMENT K w/the atty which sets out in detail how you are charged and amounts, conditions, etc. -- HOW DO YOU CHOOSE AN ATTORNEY ? (In order of preference) 1--recommendation by another attorney you know and trust. 2--someone who has used an attorney and was pleased w/the relationship AND the result. 3--Local or State Bar referral services 1 4-- NOT ads in the yellow pages or bought referrals (usually online). [END OF NOT RESPONSIBLE FOR.] PLEADINGS DEF: Written documents that inform each of the parties of one anothers claims and defenses and specify the issues involved in the lawsuit. The primary pleadings are: (1) Plaintiffs Petition (Complaint)-- sets forth the claims asserted by the party seeking affirmative relief. Service of Process--Once the plaintiff has filed a complaint or petition, each defendant must be served with process. Typically includes a copy of the petition and citation (summons) from the court -- Informing each Defendant of the lawsuit, -- The obligation to file an Answer and -- Deadline to file an answer or otherwise appear (such as by filing a special appearance) to avoid a default judgment .-- REMEMBER : the Constitution guarantees that --no person shall be denied life, liberty, or property without Due Process of law --This includes the right to notice and opportunity to be heard.--Service of Process satisfies the Due Process requirement of notice. --A court cannot exercise personal jurisdiction over a D until it has proof that the defendant was properly served, which means : 1. there has been ACTUAL notice by PERSONAL service, OR 2. CONSTRUCTIVE notice by ALTERNATIVE Service. 2--once there have been proper attempts at personal service, BUT Defendant cannot be located OR is evading service, the PLAINTIFF can file a motion for alternative service , along with evidence of the attempts to personally serve, and obtain an order from the court to serve Defendant by:-- posting at the Courthouse OR-- an ad is run in the newspaper in area of last known address OR...
View Full Document

This note was uploaded on 09/24/2011 for the course BLAW 2361 taught by Professor Bible during the Spring '08 term at Texas State.

Page1 / 14

Ch+3+-+PT+2-NOTES-S10-tracs - Dr. Deborah Pomeroy BLaw...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online