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Litigation

Litigation. Jody Blanke Professor of Computer Information Systems and Law. Pleadings. Plaintiff files a complaint Defendant files an answer May also counterclaim or crossclaim Failure to answer may result in default judgment. Motion to Dismiss. Will be granted if

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Litigation

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  1. Litigation Jody Blanke Professor of Computer Information Systems and Law

  2. Pleadings • Plaintiff files a complaint • Defendant files an answer • May also counterclaim or crossclaim • Failure to answer may result in default judgment

  3. Motion to Dismiss • Will be granted if • Court lacks jurisdiction over the subject matter or over the parties • Plaintiff failed to properly serve the complaint on the defendant • Plaintiff has failed to state a claim upon which relief can be granted

  4. Motion for Judgment on the Pleadings • Will be granted if • There is no dispute over the facts and the only issue is a question of law • The judge cannot consider any evidence not contained in the pleadings

  5. Discovery • Often the longest stage of the process • Prevents surprises • Ex. The surprise witness in the last five minutes of a Perry Mason episode • Narrows the issues involved • Fosters settlement of the case

  6. Three Primary Tools of Discovery • Depositions • Sworn oral testimony of party or witness • Generally not presented at trial as evidence, but rather, used to impeach the credibility of a witness • Interrogatories • Written questions to a party – answers made under oath • Request for Production of Documents

  7. Motion for Summary Judgment • Can be made by either party • During discovery, i.e., after the pleadings but before the trial • Will be granted if there are no genuine issues as to any material fact, and the moving party is entitled to judgment as a matter of law • “Legal TKO”

  8. The Trial • Pretrial conference • Selection of the jury • Voir dire • Opening statements • Plaintiff’s case • Direct examination • Cross examination • Motion for a directed verdict

  9. The Trial (continued) • Defendant’s case • Direct examination • Cross examination • Closing arguments • The judge charges the jury as to the relevant law • Jury deliberations • The verdict

  10. Post Trial Motions • Motion for judgment notwithstanding the verdict (judgment n.o.v. – non obstante veredicto) • Motion for remittitur (additur) • McDonald’s hot cup of coffee case • Motion for a new trial

  11. Appeals • Appellate review focuses on errors of law • Appellate court may order a remand • Findings of fact generally will be reversed only if they are clearly erroneous, i.e., not supported by the evidence

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