A case study examination of the American civil litigation process, from beginning to end.
Written in 2007; 3,217 words; 5 sources; APA; $ 92.95
Paper Summary:
This paper outlines the American civil litigation process from filing a complaint to the ending trial process. It defines civil litigation and briefly examines its purpose and scope. The paper also discusses how to initiate the civil action process and how to continue with it. A case study that examines the process of civil litigation between two parties is then presented.
Table of Contents:
Purpose and Scope
Commencement of action
Service of Other Processes
Pleadings
Motions and Orders
Depositions and Discovery
Trial
Judge for Yourself Case Scenarios
Case 1, Part (a)
Case 1, Part (b)
Case 1, Part (c)
Case 2, Part (a)
Case 2, Part (b)
Case 3, Part (a)
Case 3, Part (b)
Case 3, Part (c)
Case 3, Part (d)
Case 4, Part (a)
Case 4, Part (b)
Case 4, Part (c)
Case 4, Part (d)
From the Paper:
"Filing a complaint with the court initiates the civil action process. The summons is signed by the clerk and bears the seal of the court. It identifies the court where the process started as well as the defendant. It states the name and address of the plaintiff. It also states the time when the defendant must appear and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. Upon or after filing the complaint, the plaintiff may present the summons to the clerk for signature and seal. If the summons is in proper form, the clerk shall sign, seal, and issue it to the plaintiff for service on the defendant, and copies are issued for each defendant to be served. A summons is served with a copy of the complaint, and the plaintiff is responsible for service of a summons and complaint within 120 days or the court dismisses the complaint."
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