1blaw_243 - Wednesday Sept 9th CIVIL TRIALS: always broken...

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Wednesday Sept 9 th CIVIL TRIALS: always broken up into 3 stages 1. Pleading Stage 2. Discovery Stage 3. Trial Stage 1. Pleading Stage : Identify that you have a cause of action; use civil procedural law to figure out how to file your complaint. -Can also file a writ of summons instead of a complaint STATUE OF LIMITATIONS: allows plaintiff a limited amount of time to file a complaint/writ of summons (varies by state) *You can file a writ of summons to get around this: - tolling statue of limitations (stops it from running out) - extend statue of limitation for a certain amount of time *This statue of limitation exists because the more time in between an incident and actual lawsuit, there is evidence, etc. that can be lost. Friday Sept 11th RESPONSE PLEADING: 4 stages- can file all four or any combination of the four 1. Primary objectives : object to allegations and make plaintiff rewrite them 2. Answer : this stage must be done and written within 30 days Default Judgement - plaintiff wins because defendant didn’t answer to charges 3. New Matter: bringing new info in front of the courts that can determine liability 4. Counter claims: filing your own claim after you have been served by plaintiff JUDGEMENT ON PLEADANCE: winning when someone pleads guilty SUMMARY JUDGEMENT: clear that someone is going to win due to a law -must have CLEAR facts and law in favor of plaintiff Monday Sept 14 2. DISCOVERY STAGE:
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This note was uploaded on 02/15/2012 for the course BLAW 101 taught by Professor Staff during the Fall '10 term at Texas State.

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1blaw_243 - Wednesday Sept 9th CIVIL TRIALS: always broken...

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