CHAPTER 4: COURT PROCEDURES

I. PROCEDURAL RULES. Understanding and meeting procedural rules are essential in the litigation process.

II. Consulting an Attorney. This is key because the attorney will represent your interest. Legal fees and all settlement
issues should be thoroughly discussed with the attorney.

III. JUDICIAL PROCEDURE: FOLLOWING A CASE THROUGH THE COURTS.

A. Background. In this section of the chapter, we are asked to follow a case through the court system.
Formats or procedures have been established so that a case may progress smoothly through the court
system.

B. Stage One: The Pleading.

1. The complaint and the answer make up the pleadings.

2. The suit starts when Kirby files the complaint. The complaint will contain 3 things (see exhibit
4-3, page 67):

a. A short statement of the grounds for jurisdiction. Items 1 and 2

b. A short and plain statement of the facts necessary to show that the plaintiff is entitled to
relief. Items 3 and 4

c. A statement of the remedy the plaintiff is seeking. Last paragraph.

3. Service of Summons. After the complaint is filed, the Sheriff serves a summons and a copy of
the complaint on the defendant (in this case, Jones). See Exhibit 2-6 on page 32. The summons:

a. notifies Jones that he is prepare an answer to the complaint.

b. The summons informs Jones that failure to answer will result in a judgment by default
for the plaintiff.

4. Answer and Counterclaim is the Next Step. The answer either admits the statements or
allegations set out in the complaint or denies them and sets out any defenses that the defendant
may have.

a. If Carvello admits to all of the allegations in Kirby=s complaint, a judgment will be

entered for Adams.

b. If Carvello denies Kirby=s allegations, the matter will go to court.

5. Answer and Affirmative Defenses. Carvello could admit the truth of Kirby complaint but raise
new facts.

D. The Next Stage is Possible Dismissible and Judgment before Trial.

1. Motion for Judgment on the Pleadings. This motion is made after the pleadings are closed (i.e.
after the complaint, answer and any counterclaims).

a. This motion may be used when no facts are disputed, and only questions of law are at
issue.

13