Litigation

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
• Plaintiffs case
• Direct examination
• Cross examination
• Motion for a directed verdict

9
The Trial (continued)

• Defendants 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)
• McDonalds 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