CIVIL LITIGATION Civil Litigation Timeline Civil Litigation Timeline Sample Research Question
Dubberly, Mike, Host has reference to this Academic Journal, PHwiki organized this Journal CIVIL LITIGATION WITH ELISABETH MCKECHNIE Elisabeth McKechnie, 2009 Civil Litigation Timeline Precipitating Event Action Filed Statute of Limitations runs Defendant(s) Answer or Service of Process on file motion Defendant(s) Statute of Limitations begins to run Elisabeth McKechnie, 2009 Civil Litigation Timeline Discovery continues: Status Conf. Discovery Trial Post-trial i.e. Interrogatories Sent to non-binding cut off Motions or Depositions Arbitration Appeal Expert Witnesses hired/deposed Attys further research case Case over
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Sample Research Question Defendant driver was intoxicated. Plaintiff passenger elected to ride with him knowing that Defendant was drunk. Defendant caused an accident which injured plaintiff. What is the likelihood of a court granting a summary judgment motion in favor of Driver based on assumption of the risk by P Elisabeth McKechnie, 2009 Elisabeth McKechnie, 2009 Types of Research Materials Good Examples: Witkin: Summary of Cali as long as nia Law Legal Encyclopedia Rutter: Civil Procedure Be as long as e Trial Practice Manual Cali as long as nia Forms of Pleading & Practice Forms Manual Where Do You Start Where Do You start Issue Spotting: Summary judgment motionrequirements Assumption of risk in CA Driver Duty re Passenger; Passenger Duty Educate Yourself Whats Fastest & Cheapest Witkin as long as both issues (BOOK) Rutter-Civil Procedure Be as long as e Trial (BOOK) Bancroft/Whitney-CA Civil Practice: Torts (BOOK) Cali as long as nia Forms of Pleading & Practice (BOOK) Lexis or Westlaw NOT YET! Why not Elisabeth McKechnie, 2009
Cost Consideration$$ WEXIS-FLAT RATE ISNT FREE PER SEARCH RATE IS PRICEY Overuse Flat Rate this year, next year price goes up. Per Search Rate is pricey if you dont have a strategy. BOOKS ALREADY IN THE LIBRARYare FREE BOOK with a good index is FASTER than a bad keyword search Elisabeth McKechnie, 2009 Research Form Legal Research Task Form Client/Matter Number:—- Date Project Received:—- Project Received From:—- Project Due Date:—– Project Format (i.e. e-mail, memo, etc.):—– Question/Issues Presented:——- Jurisdiction: ——– Key Search Terms: -assumption of risk, summary judgment, duty: driver, passenger Cost Restraints:——– Amt. of Time Allowed to Spend on Project:—– Number of other projects already pending:—– Any Experts in Firm Who Can Help:—— List of Sources Ive used (include database names as long as Lexis/Westlaw):—— Elisabeth McKechnie, 2009 Rutter Group Personal Injury Hbk Elisabeth McKechnie, 2009
Elisabeth McKechnie, 6/5/07 Elisabeth McKechnie, 6/5/07 Elisabeth McKechnie,2009 Using Form Books A Good Form Book has: 1. Forms 2. Instructions on how to prepare as long as ms. 3. Advice on deadlines 4. A check-list or timeline 5. Discussion of the law pertinent to your as long as m.
CA Forms of Pleading & Practice Elisabeth McKechnie, 2009 Local RulesSummary Judgment 3.20 Reserving Hearing Dates. Hearing dates as long as motions as long as summary judgment, summary adjudication, judgment on the pleadings, special motions to strike pursuant to Code of Civil Procedure section 425.16, in addition to demurrers must be reserved in advance by telephoning the calendar clerks at (916) 874-7848 (Department 54) or (916) 874-7858 (Department 53).(Sac. County Local Rules) (Amended effective 1/1/10) Elisabeth McKechnie, 2009 Rules in addition to Deadlines–Local Rules If you are the responding party to a Summary Judgment Motion . (C) Failure to comply with the requirements of this rule concerning filing in addition to serving opposing in addition to reply papers may, in the discretion of the court, be deemed cause as long as acting on the matter without consideration of the document filed in violation of the rule in addition to cause as long as imposing sanctions. (Cal. Rules of Court, rule 2.30; Code of Civ. Proc., sections 177.5 in addition to 575.2.) (Amended effective 1/1/07)–Sacramento County Local Rule 3.03Filing of Papers Elisabeth McKechnie, 2009
Local Rules 3.02 Sanctions. Failure to comply with any Local Rule or Cali as long as nia Rules of Court may subject the party to sanctions pursuant to Cali as long as nia Rules of Court, rule 2.30; Code of Civil Procedure sections 177.5, 575.2. (Sacramento County Local Rules) Elisabeth McKechnie, 6/5/07 Rules in addition to Deadlines- Cali as long as nia Rules of Court CALIFORNIA RULES OF COURT 1713158614031760 Note Cali as long as nia Rules of Court Reorganization Title 1. Rules Applicable to All Courts 733 Title 2. Trial Court Rules 938155 Title 3. Civil Rules 21110297398 Title 4. Criminal Rules 75983 Title 5. Family in addition to Juvenile Rules 426183236 Title 6. [Reserved] Title 7. Probate Rules 23120 Title 8. Appellate Rules 547199390 Title 9. Rules on Law Practice, Attorneys, in addition to Judges 62544 Title 10. Judicial Administration Rules 538199211 St in addition to ards of Judicial Administration 1056 Ethics St in addition to ards as long as Neutral Arbitrators in Contractual Arbitration 17 Elisabeth McKechnie, 2009 Cali as long as nia Rules of Court Chapter 1. Papers 20 Rule 2.100. Form in addition to as long as mat of papers presented as long as filing in the trial courts Rule 2.101. Use of recycled paper; certification by attorney or party Rule 2.102. One-sided paper Rule 2.103. Quality, color, in addition to size of paper Rule 2.104. Printing; type size Rule 2.105. Type style Rule 2.106. Color of print Rule 2.107. Margins Rule 2.108. Spacing in addition to numbering of lines Rule 2.109. Page numbering Rule 2.110. Footer Rule 2.111. Format of first page Rule 2.112. Separate causes of action, counts, in addition to defenses Rule 2.113. Binding Rule 2.114. Exhibits Rule 2.115. Hole punching (And yes, theres more!) Elisabeth McKechnie,2009
Problem 2 You are asked to examine a complaint recently filed in addition to served on your client. You are to look as long as defects in the complaint in addition to to suggest affirmative defenses which may be raised. Elisabeth McKechnie, 2009 Where to Start Spot Issues Spot issues: What are the Causes of Action Educate yourself about the elements of each Cause of Action. Research any cases/laws cited. Are all the required elements pleaded Are there any other defects in the Complaint Statute of Limitations Problems with Service of Complaint Any other obvious flaws Elisabeth McKechnie, 2009 Resources That Can Help Cali as long as nia CodesIndex Limitations or Statute of Limitations Cali as long as nia Affirmative Defenses (West) Causes of Action, 2d (West)[not CA specific] CA Forms of Pleading in addition to Practice (Bender) Answer chapter CEB Action GuideResponding to a Complaint or Cross-Complaint, Evaluating Your Options Elisabeth McKechnie,2009
Questions Elisabeth McKechnie, 6/5/07
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