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Filed by the defendant against the plaintiff in

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Unformatted text preview: the original complaint. A cross-claim is against a co-Plaintiff or co-Defendant. co-Defendant. CounterClaim P D1 VS. D2 Cross -Claim Pleadings Pleadings q Motion for Judgment on Pleadings. q Motion for Summary Judgment. 2nd Stage: Discovery Discovery is the process by which parties obtain information from the opposing party prior to trial. opposing Discovery Discovery q Automatic (1993)    Scheduled disclosures Ongoing duty to supplement or correct Compulsory meeting to discuss & Compulsory develop discovery plan develop q Deposition q Interrogatories Discovery (continued) (continued) q Request for production of documents Request & things & entry upon land things q Motion for order for physical or Motion mental exam mental q Request for admissions The Trial The q Bench Trial (no jury). q Jury Selection. q Voire Dire. q Challenges/Pick the Jury. q Impanel Jury. Impanel q Alternate Jurors. The Trial The q Opening Statements. q Plaintiff’s Case--Evidence: q Witnesses- Direct examination vs. Cross WitnessesX. X. q Party may cast doubt on the testimony or Party credibility of opposing witness or impeach it by showing prior inconsistent statements and/or Perjury. and/or Redirect Examination Redirect q By party who called witness q After cross-examination q To minimize damage done on To cross-exam cross-exam Motion for Judgment as Matter of Law Motion (a/k/a Directed Verdict) q At anytime after party has been fully At heard heard q Opposing party has not presented Opposing sufficient evidence sufficient q If granted, effectively takes case away If from jury from The Trial The q Defendant’s Case. Defendant’s q Closing Arguments. q Jury Instructions and Deliberations. The Trial The The Defendant will “object” to Plaintiff’s evidence and the judge will rule on each objection. If the judge “overrules” the objection, the evidence is admitted for the jury to consider. If the judge “sustains” the objection, the evidence is not admitted into the trial. “Objection sustained!” The Trial The q Verdict. q Civil Cases—generally, burden of proof is by Civil “preponderance” of the evidence and a majority of jurors must agree on verdict. If not, then mistrial/ hung jury. mistrial/ q Possible burden – “clear & convincing” Possible evidence evidence q Judgment is the Court’s acceptance and Judgment recording of the jury’s verdict. § 5: Post Trial Motions Post q Once the trial is concluded, a dissatisfied party Once may: may: q File a Motion for a New Trial. q Ask that the judge enter a judgment contrary Ask to the verdict (JNOV) rendered by the jury. to Basis for Judgment N.O.V. Basis Evidence is so clear that Evidence reasonable people could not differ as to outcome of the case. of Possible Bases for New Trial Possible q Jury was in error q Prejudicial error by judge q Newly discovered evidence q Misconduct by judge, jury, lawyer §7: Enforcing the Judgment Enforcing q Once a judgment becomes final (i.e., Once subject to no further judicial review) the defendant is legally required to comply with its terms. comply q Defendants who will not voluntarily Defendants comply with a judgment can be compelled to do so by seizure and sale of the Defendant’s assets. of Usual Garnishee Usual q Employer q Bank q Obligor on accounts receivable Other Post Judgment Remedies Other q Contempt q Suit to have foreign judgment made Suit executory executory  Under full faith & credit clause §6: The Appeal §6: q A party may appeal the jury’s verdict or any party legal issue, motion or court ruling during the trial. trial. q The party filing the appeal (Appellant) files a The brief that contains a short statement of the facts, issues, rulings by the trial court, grounds to reverse the judgment, applicable law and arguments on Appellant’s behalf. arguments Bases for Appeal Bases Errors of Law: q Erroneous Evidentiary Ruling q Erroneous Jury Instruction q Erroneous Ruling on Motion q Error of fact that is so clear, can be Error considered error of law considered Possible Outcomes of Appeal Possible q Affirm trial court q Reverse trial court   AND AND Amend (change the judgment) OR OR Remand (send case back to trial court)...
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