Basic Civil Process

Front 1

Four Basic Stages of Civil Process?

Back 1

1. Prefiling
2. Postfiling/Pretrial
3. Trial
4. Posttrial Motions

Front 2

Six Stages of Prefiling Stage?

Back 2

1. Problem occurs
2. Independent efforts of resolution fails
3. Client contacts lawyer
4. Informal discovery of facts
5. Evaluation of potential claims
6. Pleadings (complaints/answers) drafted & filed

Front 3

Informal Discovery of Facts consists of...?

Back 3

You investigate the facts by reading documents Jane provides, viewing evidence (e.g., going to the scene of the accident), talking informally with witnesses who will talk to you, etc.

Front 4

Evaluation of potential claim?

Back 4

You review the known facts and research the law related to claims that might be available given those facts. You evaluate whether the claim is strong enough to make it worth going through the expense, risk, and strain of litigation. * * * If you decide to take the case, you and Jane sign an engagement agreement laying out the terms of your relationship.

Front 5

Pleadings (complaints/answers) drafted & filed?

Back 5

You draft the complaint * * * [which], in very general terms, alleges the facts that Jane (now “plaintiff”) says happened and what Jane thinks the defendant should be required to do about it. For instance, the complaint could ask for damages * * * or for the defendant to perform some act * * *. The complaint is [served on] the defendant. * * * The defendant has a set amount of time to respond to the complaint. The defendant may file an answer that admits or denies each allegation in the complaint and says why plaintiff (Jane) shouldn’t win, or the defendant can file a motion against the complaint. If the defendant does nothing, the plaintiff will win by default and a “default judgment” will be entered. The case would end there unless the defendant moves to lift the default or appeals.