Chapter 8 notes - Chapter 8 Civil Procedure Rules PA...

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Chapter 8 Civil Procedure Rules- PA Federal Rules How file complaint Where Venue How serve Discovery o Deposition Appear Questions answer o Compel plaintiff to see doctor Attorney How to find a Lawyer, how much pay Lawyer 1. Referral from family or friend a. Country has a free lawyer referral service 2. Find lawyer who specialize in case at hand Personal Injury Case Family lawyer who had got them $100,000 o Contingent fee o Lose don’t owe lower anything Contingent fee- no personal obligation, to pay lawyer, except recovery o 1/3- 50% of recovery + costs (filing fees, investigation, deposition cost, transcript, expert witness) Litigation cost Gross net To file law suit: $500-700 -Cost of transcript Expert Witnesses $5-15,000 2500-5000- to testify Video tape testimony Case o Two expert liability o Physician o Economic o Vocational o Psychologist PA- no law restricting the percentage fee NJ- 1/3- 500,000, 25%- 25, 20%- 1,000,000 If case cost 15,000 don’t spend so much money
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Sample case $ 80,000 in cost May not need an expert witnesses in some cases Fact finding mode Investigation Witnesses Medical providers Prognosis If resolve case- minimal case Can’t resolve- other feels client not at fault asking for high amount Law Suit File Complaint- $500 to file- law suit begins o Identify parties, where occurred, why other person at fault, claim for damages, where file complaint Serve the complaint o Sheriff of county where defendant lives serves 50,000 or less go to arbitration first over 50,000 goes to regular trial Service of Complaint Served on an adult member of household Subpoena- serve on the person In person avoiding service Address search- last known- forwarding Drivers license check, yellow page check File petition with court for service- certified mail, regular mail or posting Cannot get Judgment upon defendant if no proof properly served Complaint Served Notice to defend- 20 days to respond Pleading Pg. 316 File on Answer Under new matter raise defenses to case o Contributory negligence, assumption of risk, venue, personal service Many defenses are waived if not mentioned under new matter Can counterclaim: defendant become plaintiff- It was your fault and you owe me money Have to file counterclaim in answer or it is waived 20 days pass- Send 10 day notice saying 10 days and judgment will be entered If for sum of money- money be awarded If personal injury- trial for amount of money recover Arbitrary trial date sign answer- 9 months Documents- general forms
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Issues have been framed for court to decided Serve someone overseas or out of state certified mail Complaint translated Go through channels to serve
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  • Fall '10
  • Boyce
  • Evidence law, Expert witness

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