Litigation Activity Line

1
Litigation Activity Line

• Overview of Introductory Material

2
Areas to be Covered

• Pleadings Motions
• Discovery
• Pre-trial Adjudication
• Trial
• Post-Trial
• Limits on Subsequent Litigation

3
PLEADINGS MOTIONS

• COMPLAINT (Rule 8)
• PRE- ANSWER MOTIONS (Rule 12)
• ANSWER (Rule 5 Rule 8)
• AMENDMENTS (Rule 15(a), 15(b) 15(c))
• STATUTE OF LIMITATIONS
• JOINDER (Rules 13, 14, 19, 20, 23 24)

4
DISCOVERY

• INITIAL REQUIRED DISCLOSURES
• ADMISSIONS
• INTERROGATORIES
• DEPOSITIONS
• MENTAL / PHYSICAL EXAMS
• REQUEST FOR PRODUCTION
• SUBPOENAS
• PROTECTIVE ORDER
• MOTION TO COMPEL
• PRIVILEGE
• ATTY WORK PRODUCT
• INFORMAL FACT INVESTIGATION

5
PRE-TRIAL ADJUDICATION

• SUMMARY JUDGMENT (Rule 56)
• DEFAULT JUDGMENT (Rule 55)
• VOLUNTARY DISMISSAL (Rule 41(a))
• INVOLUNTARY DISMISSAL (Rule 41(b))
• NEGOTIATION AND SETTLEMENT

6
TRIAL

• JUDGE VS JURY TRIAL
• ANATOMY OF A TRIAL
• BURDENS OF PROOF, PERSUASION PRODUCTION
• DIRECTED VERDICT (JUDGMENT AS A MATTER OF LAW)

7

• ANATOMY OF A TRIAL
• Selection of trial date
• Jury selection (voir dire / peremptory
  challenges)
• Opening statement by Ps atty
• Opening statement by Ds atty (optional)
• Ps atty presents Ps case-in chief (calls and
  conducts direct examination of witnesses)
• Ds atty cross examines Ps witnesses
• There may be redirect / recross examination of
  witnesses

8

• ANATOMY OF A TRIAL (cont)
• P rests her case
• Ds atty may move for judgment as a matter of law
  (directed verdict)
• Opening statement by Ds atty (optional)
• Ds atty presents Ds case-in-chief (calls and
  conducts direct examination of witnesses)
• Ps atty cross-examines Ds witnesses
• There may be redirect / recross examination of
  witnesses
• D rests his case
• Ps atty may move for judgment as a matter of law
  (directed verdict)

9

• ANATOMY OF A TRIAL (cont)
• Both parties have an opportunity to rebut their
  opponents case
• Both parties rest their case
• Either party may move for judgment as a matter of
  law (directed verdict)
• Ps atty presents closing arguments (summation)
• Ds atty presents closing arguments (summation)
• Judge instructs / charges jury

10

• ANATOMY OF A TRIAL (cont)
• Jury retires to deliberate
• Jury returns with a verdict
• Jury is dismissed

11
POST TRIAL

• JUDGMENT AS A MATTER OF LAW (50(b) JUDGMENT NOT
  WITHSTANDING THE VERDICT)
• NEW TRIAL (59)
• APPEAL
• SET ASIDE JUDGMENT (60(B))
• FINALITY (FINAL JUDGMENT RULE)

12
RELEVANCE OF JUDGMENT TO SUBSEQUENT LITIGATION

• FORMER ADJUDICATION
• CLAIM PRECLUSION (RES JUDICATA)
• ISSUE PRECLUSION (COLLATERAL ESTOPPEL)

13
RUSH V. CITY OF MAPLE HEIGHTS

• Action 1 P v. City (Negligence claim property
  damage)

14
RUSH V. CITY OF MAPLE HEIGHTS

• Action 1 P v. City (Negligence claim property
  damage)
• Action 2 P v. City (Negligence claim personal
  injuries)

15
RUSH V. CITY OF MAPLE HEIGHTS

• QUERY IS IT THE SAME CLAIM?
• QUERY ARE THEY THE SAME ISSUES?
• WHAT ARE THE PARTIES ARGUING?

16
RUSH V. CITY OF MAPLE HEIGHTS

• ISSUE PRECLUSION P asserts that issues of
  negligence and proximate causation decided in the
  first case should preclude reconsideration of
  those issues in the second case, which
  essentially limits the issues to be decided in
  the second case to that of damages.

17
RUSH V. CITY OF MAPLE HEIGHTS

• CLAIM PRECLUSION The City asserts that the
  negligence claim asserted in the first case
  should preclude the negligence claim asserted in
  the second action b/c it has already been
  litigated

18
FINAL JUDGMENT?

• Trial court dismissal for lack of subject matter
  jurisdiction?
• Trial court refusal to grant dismissal for lack
  of subject matter jurisdiction?
• Trial court denying a 12(b)(6) motion?
• Trial court granting a 12(b)(6) motion?